DocketNumber: No. 6119
Citation Numbers: 44 Neb. 228
Judges: Ryan
Filed Date: 3/5/1895
Status: Precedential
Modified Date: 7/20/2022
; This action was brought by the plaintiff in error for the recovery of damages caused by the failure of the firm of Miles & Thompson to return, upon his demand, certain abstracts of title furnished to and used by said firm in ascertaining the nature of plaintiff's title to certain real property, upon the faith of which afterwards a desired, loan secured by mortgage on said real property had been con
It was not'alleged in the petition that any obligation of returning the abstracts of title after'consummation-'of the loan devolved upon the defendants, either-by express contract or otherwise.- • It was averred in the ánswer.that the abstracts in question had ■ been furnished for the purpose above indicated, and that, in consideration of the furnishing'of said-abstracts and the-giving of a mortgage oh the property in reference to which the abstracts hád been made, the-defendants Miles & Thompson ’.had loaned to' plaintiff the sum of $5,000, which loan by its tonus did not become-payable until 'June 12, 1891; that on March 2, 1891, the said defendants sold to the German Savings Bank of Davenport, Iowa, the note evidencing the obligation to pay said sum, and that the mortgage and abstracts aforesaid were as part of the security for said loan transferred, with said, note, and at the time of filing the answer were held by said bank. The demand for the-abstracts'was alleged in the petition to have been made of the same date as was that of the above averred transfer to the German Savings Bank. The-evidence showed that Mr. Thompson took no part in-making the loan to plaintiff, the entire business in that respect having been conducted by Mr. Miles, since deceásed.. In respect to plaintiff’s part in this transaction, his testimony was that lie did not remember whether, lie made a written application for a loan or not; that he did not,know, whether or not it was part of the agreement that lie. was to furnish an abstract,’for witness at that time was in"Cheyenne and Mr. -Lander, as' his agent,'was attending'to his 'business; that Mr. Lander sent for the abstracts and plaintiff sent them to him, and that Lander delivered .these' ab
Affirmed.