19 Neb. 530 | Neb. | 1886
By the petition filed in the district court by defendant in error, it was alleged substantially, that plaintiff in error (defendant below) was the father of one Seth H. Clay, who,before the time of making the alleged promises, was a citizen of York county. That the said Seth was indebted to defendant in error (plaintiff below) in the sum of $200, evidenced by two promissory notes of Seth of $100 each, both of which were due. That Seth was the owner of a large amount of personal property in York county. That said property was transferred to plaintiff in error by said Seth, in consideration of which the plaintiff in error agreed with the said Seth to pay to defendant in error the amount due from Seth, and that afterwards, and while in possession of said personal property, the plaintiff, in consideration of the promises, and the further consideration that defendant in error, at the request of plaintiff in error, would forbear to bring suit on his said claim until plaintiff in error could sell the property received from his son, he promised and
It is insisted that the court erred in overruling the objections of plaintiff in error to the testimony of George B. France, a witness for defendant in error. This objection was based upon the assumption that Mr. France was the attorney for plaintiff in error at the time the statements
A letter from plaintiff in error to Mr. France was received in evidence over the objections of plaintiff in errror. This ruling of the court is assigned for error. For the
The testimony in the case was in some important respects quite unsatisfactory, yet we cannot say there was such a want of evidence as to require a reversal of the case. It .was tried to the court without a jury. The findings of fact are entitled to the same weight as if found by a jury.
The judgment is therefore affirmed.
Judgment affirmed.