Waddle v. Owen
Nebraska Supreme Court
Error from the district court of York county. Tried below before Miller, J. The facts are stated by the commissioner. The sight draft was negotiable. (Compiled Statutes, sec-1, ch. 41; Green v. Raymond, 9 Neb., 295.) Plaintiff in error had a lawful right to assign the sight draft to a third person and give the latter the benefit of the collateral security.
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Error from the district court of York county. Tried below before Miller, J. The facts are stated by the commissioner. The sight draft was negotiable. (Compiled Statutes, sec-1, ch. 41; Green v. Raymond, 9 Neb., 295.) Plaintiff in error had a lawful right to assign the sight draft to a third person and give the latter the benefit of the collateral security. (Chapman v. Brooks, 31 N. Y., 75; Henry v. Eddy, 34 111., 508; Stearns v. Bates} 46 Conn.,. 306; Jones v. Quinnipiack, 29 Conn., 25; Belcher v. Hartford Bank, 15 Conn., 383; HawJcs v. Hinchcliff, 17 Barb. [N. Y.], 492; Merchants Nat. Bank…
1Opinion of the Court
Irvine, C.
Owen brought this action against Waddle to recover for the conversion of two promissory notes of third persons, payable to the order of Owen, and which the petition alleged had been pledged to Waddle as security for a bill of exchange drawn by Owen to Waddle’s order on W. T. Scott, of York. The defendant’s answer alleged that he had sold and transferred the draft to E. J. Hainer for value and had delivered to him the notes pledged to secure it in the ordinary course of business, and prior to any demand or tender of the amount due on such draft.
The case was tried to the court without…
2Cases cited8 opinions
- Webb v. HoseltonNebraska Supreme Court · 1876
- McSherry v. BrooksCourt of Appeals of Maryland · 1877
- Harman v. BarhydtNebraska Supreme Court · 1886
- Chapman v. . BrooksNew York Court of Appeals · 1865
- Greene v. DockendorfSupreme Court of Minnesota · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Security Savings Bank v. RhodesNebraska Supreme Court · 1921
- Benton v. SikytaNebraska Supreme Court · 1909
- Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
- Sylvester v. Carpenter Paper Co.Nebraska Supreme Court · 1898
- Western Manufacturing Co. v. RogersNebraska Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.