63 Neb. 181 | Neb. | 1901
' Tilomas Swobe, being the owner of 100 shares of stock in the defendant corporation, pledged them to Henry D. Brown, whose administrators aré plaintiffs in this suit, by delivering the certificate. It is alleged in the petition and there is a finding that the certificate was “indorsed in blank.” But the answer contains a general denial, and no mention is made of such indorsement in the stipulation of facts entered into at the trial. The certificate itself, which is in evidence, discloses no indorsement; and no
A preliminary question might arise as to the notice which Brown had of the assignment of Swobe’s interest, for the reason that it is not pleaded. But it seems to have been taken for granted at the trial that there was such an issue, and the defendants were permitted to and did prove it without objection. In consequence, we think, although
We recommend that the decree be reversed and the suit dismissed.
Reversed and dismissed.