Reports Of Cases In The Supreme Court Of Nebraska Volume 2

Paperback | May 22, 2012

byNebraska. Supreme Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 Excerpt: ... had he been permitted to testify. Had he done so, it would, perhaps, have had a tendency to give increased weight to the testimony of the defendant Warren,--" that the books were not worth a hundred dollars." The question was certainly perti nent; and we see no good reason sustaining the objection. But, while the question was proper, the fact should not be overlooked, that, in addition to the testimony of Warren, we have that of Simeon II. Calhoun to the same effect. That the value of these books depends upon their accuracy was not disputed: there was no conflict in the testimony on this point. The fact having been sworn to by two credible witnesses, and being uncontroverted, I cannot see how a repetition of the testimony by Croxton could have produced any different result. The interest of the plaintiff in the books was but little over two hundred dollars. This was certainly much less than their fair value. On the part of the defendants, Warren swears in one place that they were not worth a hundred dollars; at another, that they were worth about three hundred dollars, and that he would sell them for that. On behalf of the plaintiff, four or five witnesses (real-estate dealers) testify that they are worth from twelve hundred to fifteen hundred dollars: so that it would not have been possible for the jury to have valued the property at less than the interest of the plaintiff, even if Croxton had been permitted to answer the question put to him by the defendants. The defendants requested the Court to give to the jury two instructions as to the legal presumptions arising from the retention of the mortgaged property by the mortgagor. Although differing slightly in form, they present substantially the same question for our consideration. The request wa...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 Excerpt: ... had he been permitted to testify. Had he done so, it would, perhaps, have had a tendency to give increased weight to the testim...

Format:PaperbackDimensions:150 pages, 9.69 × 7.44 × 0.32 inPublished:May 22, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217986218

ISBN - 13:9780217986212

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