Union Stock Yards Co. v. Westcott
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. The facts are stated in the opinion. Reference: Ryder v. Burlington, G. R. & N. R. Go., 1 N. W. Rep. [Ia.], 747. The sureties have a right to stand upon the strict terms of their obligations.
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Error from the district court of Douglas county. Tried below before Davis, J. The facts are stated in the opinion. Reference: Ryder v. Burlington, G. R. & N. R. Go., 1 N. W. Rep. [Ia.], 747. The sureties have a right to stand upon the strict terms of their obligations. (.People v. Chalmers, 60 N. Y., 154; Chase v. McDonald, 7 Har. & J.. [Md.], 160; Law v. East India Go., 4 Yes. [Eng.], 824; Lang v. Pike, 27 0. St., 498.) Where carriers deliver, without the production of the bill of lading, property consigned to them for transportation, they wrongfully deliver it and assume the risk.…
1Opinion of the CourtNorval, J.
This was an action against A. Y. Miller and C. C. Miller, as principals, and George E. Westcott, Eli H. Doud, W. G. Sloane, and Frank Pivonka, as sureties, upon a bond of indemnity. Two general demurrers were interposed to the petition, one by the principals upon the said bond, and one by their sureties. The demurrer of the Millers was overruled, and the court entered judgment against them for the amount claimed. The demurrer filed by the sureties was sustained and the action dismissed as to them. Plaintiff complains of the judgment sustaining this demurrer. The following is a copy of the…
2Cases cited10 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- Scott v. MaierMichigan Supreme Court · 1885
- Shellenberg v. Fremont, Elkhorn & Missouri Valley RailroadNebraska Supreme Court · 1895
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3Cited by12 opinions
- Louisville & Nashville Railroad v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1911
- Swanberg v. National Surety Co.Montana Supreme Court · 1930
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- Shambaugh v. City BankNebraska Supreme Court · 1929
- First National Bank v. Northern Pacific Railway Co.Washington Supreme Court · 1902
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