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1 Neb. 415

Moffat v. Griswold

Nebraska Supreme Court

Decided July 1, 1871

Nebraska Supreme Court · decided 1871-07-01

This was an action brought in the District Court for Otoe county upon a promissory note of which the following is a copy: “Kearney City, Avgust 3, 1857. “ Thirty days after date we, or either of us, promise to “pay Joseph Moffat, or order, one hundred and fifty dollars “in gold, with five per cent per month interest from date, ' for value received. “ C. W. PIERCE, “JOHN CAMPBELL. Endorsed as follows : “Eor value received, I assign the within note to H. O. “Blackman.

Decided 1871-07-01

¶1*416The court,

by Dundy, J.,

¶2held that Moffat was relieved of liability on the note by reason of the neglect of the holder to notify him of its non-payment and to enforce it against the makers.

¶3Judgment reversed.

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