Omaha daily bee., 1906-06-23

by the. evidence. the burden is upon the
plaintiff to show that he is bona fde
holder.
1889. Farmers and Merchants Bank
fiTmed. Dune ffSoh c. Biyision n'g 40. ?, "
l. Evidence examined and held to support
the Judgment of the district, court.
14S65. Isaac against Halderman. Error
sion No. 2.
l. A testator. being unable to write his
will, I'm the presence of two witnesses. You
know / cannot ,write-you will have TO sign
1t for me- Held, that this was sufficient
request to authorize the craftsman to sign
the testator's name.
2. Non-expert witnesses called upon the
question OF the mental capacity of a tesla
tor must state the facts upon which their
opinion of incapacity is based.
3. Evidence examined and held insufficient
to show either mental incapacity or undue
influence.
1885, First National Bank OF Humboldt
Affirmed Dune. &. Division No. : O'O''
l. A party went to the banking house Of
the defendant bank to make a time de-
post and asked the president of the bank
what interest they were paying on money.
His own testimony is to the effect that he
asked the party what amount she had and
how long It would be left. The reply was
| about 1880, to be left for six months. He
replied, The bank is paying 8 per cent,
! will pay you T." The party then handed
him an eastern draft for an amount ex-
ceeding $500, and he wrote out and re-
| turned a time check for the amount pay
able at the bank in six months with inter-
est at 4 per cent. This time check was
| signed by the president in his individual
| capacity and 1t containes nothing to indi-
cate that the money was deposited with
the bank or that the bank assumed any
obligation for its repayment. Held, that
| the depositOr might recover from the bank
in an action for money had and received.
1436S. Lincoln Traction Company against
! McCarty. Error from Lancaster. Affirmed.
Epperson c. Division No. !.
i. When given state Of facts is such
that reasonable men may fairly differ upon
the question as TO whether there was
negligence or not, the determination of the
ifs7i' Citizens Bank Of Stanton against
Ames, c, Division No. l.
dicial error by refusing to strike from a
reply allegat tons of new matter already
! tition and answer and therefore admissible
| in evidence without further pleading.
| ?. Where the issue is as 10 whether a
| deposii I'm bank and the general verdict
Is for the plaintiff based upon his den "a
| court need not require indemnity against
/ such alleged outstanding instrument.
/ 3. A cross-eXamination should be confined
in chief.
1915 Wrigley against Farmers and Mer
| chants State Bank of Beatrice Appea
! from Gage Affirmed. Jackson c. ID
| vision No. =. Letton, j., not sitting
I Where the holder of a bank draf
! neither demands payment Of the bank 81
| which II Is drawn or takes any other stel
to secure payment within five years from
7 the time II came into his possession hi
| right Of action against the bank issulni
| the draft because OF the failure or IN
! bank on which It was drawn TO pay tn
sane when It was presented Is barred b!
1876. The byron Reed Company agains
| klaubunde. Appeal from Douglas. AT
/ firmed. Oldham, &. Division No. ].
l. A purchaser OF real estate, VINO take
! by QuitClaim deed, takes subject to all eX
listing equities against the grantor.
2 The county court has original juris
diction in the probate OF a will and II
order admitting a will 20 probate Is con
elusive unless by a direct proceeding, b.
| appeal or otherwise, II is reversed. Loose
more against Smith, y Neb.' S4S, folloWe'
s. Where a trust is created for the sup
port and maintenance OF the benehciar'
neither the trustee nor the beneficiary ha
the power TO assign or mortgage the trus
estate, without such power is eXpressl
trust
1892 Kearney County against Chicago
Burlington Quincy Railway Company
Appeal from Kearney. Affirmed. Jackson
!. In an action for damages for negil
gently setting out nTe. the origin O
the hre may be proven by eircumstantia
evidence.
2 Evidence examined. and held that IN
tain the verdict OF the jury as 70 IN
origin OF the hre. by reason OF which IA
plaintiff sustained damages.
1873. Salisbury against Press Publishing
Company Appeal from Lancaster Al
i 4 ordinarily It IL the ANY Of an en-