58 Neb. 336 | Neb. | 1899
In. this case an opinion has already been written which was reported in 53 Neb. 92. A rehearing was afterward allowed, and the canse having been reargued, we shall state the conclusion which we have reached and our reasons therefor. The condition of the issues presented is correctly set forth in the opinion above referred to and need not now be described. A very careful examination of the evidence has led us to conclude that by the tangled and numerous transactions involved we were led into an error on the first consideration of this case. The note sued on was dated March 14,1891, and was due .one day after date. It was for $500 and was made by Jonathan Higgins to J. W. Tomblin, Pt. This abbreviation referred to the official relation which Tomblin sustained to the First National Bank of Arapahoe, which was that of president, and to him as such representative of the bank the note was given. In respect to the history of this note Mr. Higgins testified that the cashier of the said bank agreed to let him have $500 or $1,000 to invest in cattle; that Higgins should take $500 and buy cattle with it, and when that was done, Higgins should mortgage the cattle and obtain $500 more to buy cattle with; that he bought the first $500 worth of cattle and went for the second $500 after this purchase, and the cashier or president of the bank then told witness that he could not have the other $500 unless he gave an additional note to credit on his existing mortgage note to the bank. In
Reversed and remanded.