Legal Opinion

Yager v. Exchange National Bank

Nebraska Supreme Court

Decided September 22, 1897No. 7434PublishedCited by 11 opinions

Error from the district court of Adams county. Tried below before Beall, J. The opinion contains a statement of the case. The court erred in mailing the order of reference and in denying plaintiff the right to a trial by jury. (Constitution, art. 1, sec. 6; Mills v. Miller, 3 Neb., 94; Lamaster v. Scofield, 5 Neb., 154; Kvnkade v. Hiatt, 24 Neb., 562; Cornell v. Illuminating Co., 16 N. Y. Sup., 306; Andrus v. Home Fire Ins.

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Error from the district court of Adams county. Tried below before Beall, J. The opinion contains a statement of the case. The court erred in mailing the order of reference and in denying plaintiff the right to a trial by jury. (Constitution, art. 1, sec. 6; Mills v. Miller, 3 Neb., 94; Lamaster v. Scofield, 5 Neb., 154; Kvnkade v. Hiatt, 24 Neb., 562; Cornell v. Illuminating Co., 16 N. Y. Sup., 306; Andrus v. Home Fire Ins. Co., 41 N. W. Rep. [Wis.], 956; Welsh v. Darragh, 52 N. Y., 590; Imdlow v. American Nat. Bank, 59 Barb. [N. Y.], 509; Averill Goal Co. v. Verner, 22 O. St., 372; McMartin…

1Opinion of the Court

Irvine, C.

The petition of Yager against the Exchange National Bank alleged that on June 18, 1890, plaintiff was indebted *323to the bank in the sum of $900, and on that day executed to Yeazel, then cashier of the bank, a note for $2,000 secured by mortgage on certain land; that the object of the transaction was to secure the bank the indebtedness then existing and for future advances; that certain money was afterwards advanced. . Thereafter Yeazel died and Lane became the cashier of the bank; that on the 2d day of September, 1891, a different arrangement was made whereby plaintiff executed and…

2Cases cited17 opinions

  1. Sharmer v. McIntoshNebraska Supreme Court · 1895
  2. Franklin v. KelleyNebraska Supreme Court · 1873
  3. Harral v. GrayNebraska Supreme Court · 1880
  4. Cope v. . WheelerNew York Court of Appeals · 1869
  5. Cook v. BasleyMassachusetts Supreme Judicial Court · 1877

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3Cited by11 opinions

  1. Schmidt v. HendersonNebraska Supreme Court · 1947
  2. City of Mitchell v. Western Public Service Co.Nebraska Supreme Court · 1933
  3. Johansen v. LooneyIdaho Supreme Court · 1917
  4. Montague v. MarundaNebraska Supreme Court · 1904
  5. Boyce v. AllenSupreme Court of Iowa · 1898

6 more not listed; retrieve them via the Exa API.

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