Morrissey v. Kinsey
Nebraska Supreme Court
Eeeoe to the district court for Cass county. Tried below before Mobbis, J., sitting for Pound, J. • contended that the promise was one of suretyship or guaranty to answer for the default of Schindler, and therefore void unless in writing. Compiled Statutes, p. 287, § 8. Rose v. O’Linn, 10 Neb., 364. Mallory v. Gillett, 21 N. Y., 412. The promise “to see it paid” was necessarily collateral.
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Eeeoe to the district court for Cass county. Tried below before Mobbis, J., sitting for Pound, J. • contended that the promise was one of suretyship or guaranty to answer for the default of Schindler, and therefore void unless in writing. Compiled Statutes, p. 287, § 8. Rose v. O’Linn, 10 Neb., 364. Mallory v. Gillett, 21 N. Y., 412. The promise “to see it paid” was necessarily collateral. Skinner v. Conant, 2 Vermont, 453. Kinlooh v. Brown, 1 Rich■ardson (S. Car.), 223. Conolly v. Kettlewell, 1 Gill (Md.), 26(5. Steele v. Towne, 28 Vermont, 771. Throop on Verbal Agreements, § 185, and cases…
1Opinion of the CourtReese, J.
This cause was tried in the district court upon an agreed statement, wherein the facts are stated at some length, but *18which we think can be fairly abridged to the following: The plaintiffs in error employed one Schindler to do and ■ cause to be done for them all the carpenter work in and about the construction of certain grain houses and elevators along the line of the B. & M. R. R. in Nebraska for a gross sum agreed to be paid him by them. Schindler entered upon the performance of his contract, and in the prosecution of said work employed the defendant in error to labor for him thereon .at…
2Cases cited4 opinions
- Fitzgerald v. MorrisseyNebraska Supreme Court · 1883
- Clapp v. WebbWisconsin Supreme Court · 1881
- Clopper v. PolandNebraska Supreme Court · 1881
- Rose v. O'LinnNebraska Supreme Court · 1880
3Cited by7 opinions
- West v. GraingerSupreme Court of Florida · 1903
- King v. SchmallNebraska Supreme Court · 1953
- Waters v. ShaferNebraska Supreme Court · 1888
- Greene v. LatchamColorado Court of Appeals · 1892
- Johnson v. AndersonNebraska Supreme Court · 1941
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