Secs. 8837 and 8838. An act to quiet and perfect the title to land which has been platted and laid out into lots and blocks, streets, alleys, and public parks in cities of the second class having less than five thousand inhabitants, and in incorporated villages in certain cases. Tucker's bill to quiet the title to platted land. 1905, S. F. 138; in force April 4. 8837. Title to platted lands quieted. In all cities of the second class having less than five thousand inhabitants and in all incorporated villages where the owner, or owners of any land shall have made and filed with the county clerk of said county, wherein said city, or village is located, an, instrument in writing purporting to be a plat of said land, dividing said land into lots and blocks, which land is afterwards mentioned and described. in transfers by the numbers, or divisions mentioned and described in said plat, the adverse, undisputed possession of which has been held by said owner and his grantees for more than twenty-five years, the title is hereby quieted and perfected in said owner, or owners, or occupiers, and shall not be questioned, in any court in this State, by any person, who made and filed said plat on account of any defect in the making, executing, or signing of the same. History.-Laws 1905, S. F. 138, sec. 1; in force April 4. 8838. Title to streets and public grounds quieted in municipality. In any city of the second class having less than five thousand inhabitants, or in any incorporated village where the owner, or owners of any land shall have made and filed with the county clerk of said county any instrument purporting to be a plat intending to convey and dedicate to said city, or village any land to be used as streets, alleys, or public parks, which said streets, alleys, and public parks have been used, by said city for the purposes for which same were dedicated, for more than twenty-five years, the title to the same in said cities and villages is hereby quieted and made perfect without reference to the form of said dedication, or any defects in the signing, or acknowledgment of said original plat. History.-Laws 1905, S. F. 138, sec. 2; in force April 4. CHAPTER XXXIX.-NEGOTIABLE INSTRUMENTS. The original chapter on Negotiable Instruments containing only 8 sections having been repealed and a new act of 196 sections enacted the annotations are grouped under the old section numbers. 8900 254. A moral obligation to pay a preexisting legal obligation is sufficient consideration for a note. Fourth Natl. Bank v. Craig, 1 Unoff. 849; 96 N. W. R. 185. 255. Where an illegal transaction constitutes a part of the consideration for a promissory note, the other portion of the consideration being lawful, the illegality of the part taints the whole consideration, and the courts will not enforce the coltection of such a note in the hands of the original parties. Padget v. O'Connor, Neb.; 98 N. W. R. 870. 256. The consideration sufficient to support a promise may be a detriment sufered by the promisee in reliance upon the promise, as well as a benefit accruing to :he promisor. Henry v. Dussell, Neb. -; 99 N. W. R. 484 262. Where, at or about the maturity of a negotiable instrument, the time of payment is extended by an independent written agreement, the instrument ceases to be negotiable, and the maker thereof having no notice of the transfer may make a payment to the original payee. Swan v. Craig, Neb.; 102 N. W. R. 471. 263. The burden of proof is on defendant to establish payments and on plaintiff to show that an admitted payment was properly applied on another debt. Davis v. Hall, Neb.; 97 N. W. R. 1023. such alteration, will not invalidate the note in the hands of a bona fide indorsee for value before maturity and without notice of such change. Humphrey Hdw. Co. v. Herrick, - Neb. -; 101 N. W. R. 1016; 102 N. W. R. 1010. 272. Where a material alteration has been made in a promissóry note, whereby such note was avoided and an action was brought against the makers for money paid to the defendant's use by one who guaranteed the note procured money from the bank thereby and sent it to one of the makers, the question whether or not the money was paid to one of the defendants for his sole benefit or whether it was paid to a partnership composed of both defendants or the transaction adopted and ratified by the partnership is a question for the jury. Ball v. Beaumont, Neb.; 102 N. W. R. 264. 273. Writing words of guarantee over an indorsement in blank on the back of a note is a material alteration, and if done without the knowledge of the indorser releases him. Writing across the face of a note an agreement to exchange it for bonds after it was indorsed and without the knowledge of the indorser is a material change and releases the indorser. Harnett v. Holdrege, Neb. Unoff.; 97 N. 264. The maker of non-negotiable papers, who has no notice of a transfer thereof, may make payment to the original payee. Consterdine v. Moore, -; 96 N. W. R. 1021. 269. The alteration of a written contract by a stranger, without the privity or consent of the parties interested, will not avoid the contract where the contents of the same as it originally stood can be ascertained. Colby v. Foxworthy, Neb. -; 100 N. W. R. 798. 270. A fraudulent alteration of the note sued upon may be shown under the general issue and when the whole evidence fairly raises the question testimony tending to show that no such indebtedness as the one sued upon ever existed is competent upon the issue of alteration. Gandy v. Bissell's Estate, Neb.; 100 N. W. R. $03. 271. The alteration of a negotiable promissory note, after delivery, by filling in the blanks left therein, where there is nothing on the face of the note to indicate W. R. 443. 277. Interest on a debt should be computed up to the time of the first payment and the payment so made first applied to discharge the interest, and afterwards, if there be a surplus, such surplus is applied to sink the principal, taking care that the principal thus reduced shall not at any time be suffered to accumulate by the accruing interest. Dickson v. Stewart, Neb. 98 N. W. R. 1085. 278. There is no authority of law for taking interest in advance for more than one year. Such contract held usurious. Allen v. Dunn, Neb.; 99 N. W. R. 680. 279. Protest of negotiable paper in order to be effectual to bind an indorser must be by one lawfully authorized by the 282. Doctrine of subrogation applied in case of saline lands paid for by one party for the benefit of another. Griffith v. Lehman. Unoff.; 96 N. W. R. 991. 283. The right of subrogation of joint debtors and partners. 52 C. L. J. 369. 284. Held that a person who had loaned money to discharge a lien upon land could be subrogated to the rights of such lien holder if his mortgage lien failed. Gordon v. Stewart, Unoff.; 96 N. W. R. 624. 285. Where an imposter assumes the name of another person and thereby induces a third person to believe he is the person whose name he has assumed, and, acting on such belief, such third person indorses a draft, designating the payee by the name assumed by the imposter and delivers it to such imposter in the belief that he is dealing with the person whose name has been assumed, and the imposter indorses the draft, using such assumed name, and transfers it to the innocent purchaser, the purchaser takes title by such indorsement. A bank paying such draft is not liable for a mispayment. Hoffman v. American Exch. Natl. Bank, 2 Unoff. 217-22; 96 N. W. R. 112. 286. When, in an action upon a promissory note, there is evidence tending to show that the note sued upon is not the genuine note of the defendant, it is competent to show the circumstance surrounding the parties at the time of the alleged execution of the note. Gandy v. Bissell's Estate, Neb.; 100 N. W. R. 803. 287. Evidence and instructions on a defense denying the genuineness of the note filed against an estate considered. Gandy v. Bissell's Estate, Unoff. -; 97 N. W. R. 632. 288. The plea of duress as a defense to an action upon a contract is sufficient if it shows that by reason of threats or other unlawful means the defendant was deprived of his free will and understanding and that the contract sued upon was not his free and voluntary act. Nebraska Mut. Assn. v. Klee, Neb. -; 97 N. W. R. 476. 289. Evidence as to an agreement by which part of the debt was to be assumed by certain signers held to not prove a release of such parties unconditionally. 290. The indorser of negotiable paper before due and without notice of defenses as collateral security for an antecedent debt is a bona fide holder thereof for value within the meaning of the law merchant. To an action by a judgment creditor to set aside conveyances alleged to have been made in fraud of the judgment it is a defense that the plaintiff is indebted upon simple contract to the judgment debtor in an amount equal to the judgment. Lashmett v. Prall, 2 Unoff. 284; 96 N. W. R. 152. 291. That the equitable or beneficial title to a negotiable instrument payable to the order of the payee may be transferred by mere delivery and without indorsement is well settled. Cathers v. Damerell, Unoff.; 97 N. W. R. 623. 292. Though the language of a note executed by directors of a corporation imports a personal obligation, it may be shown by parol evidence on an issue of reformation that the intention was to execute an instrument binding on a corporation only. Western W. S. Co. v. McMillen, Neb. ; 99 N. W. R. 512. 293. An agent signing a negotiable note binding his principal to relieve himself must show in the writing that he acts for his principal. Western W. S. Co. v. McMillen, Neb.; 99 N. W. R. 512. 295. The power of an agent to bind his principal in the execution of commercial paper and the formal requisites necessary. 52 C. L. J. 273. 296. A pledge of money or negotiable paper in the hands of a third party to secure the payment of the purchase price of chattels upon an executory contract of sale vests in the vendor a lien upon or interest in the fund which, upon performance of the contract by him, he may enforce by a suit in equity. Western Fly Neb. Guard Co. v. Hodges, -; 100 N. W. R. 407.. 297. A part payment operates to revive a contract debt barred by the statute of limitations of its own vigor, and not as evidence of an acknowledgment or new promise. Ebersole v. Omaha Natl. Bank, Neb.; 99 N. W. R. 664. 298. If a note which is given in settlement of a past due indebtedness and which extends the time of payment contains a stipulation releasing and discharging all claims for damages arising out of the transaction in which the indebtedness was 8900 (3). When promise is uncondi- 8900 (25). What constitutes considtional. 8900 (4). Determinable future timeWhat constitutes. 8900 (5). Additional provisions not affecting negotiability. 8900 (6). Omissions-Seal-Particular money. 8900 (7). When payable on demand. 8900 (8). When payable to order. 8900 (9). When payable to bearer. 8900 (10). Terms-When sufficient. 8900 (11). Date-Presumption as to. 8900 (12). Antedated and postdated. 8900 (13). When date may be inserted. 8900 (14). Blanks-When may be filled. 8900 (15). Incomplete instrument not delivered. 8900 (16). Delivery-When effectual -When presumed. 8900 (17). Construction where instrument is ambiguous. 8900 (18). Liability of persons signing in trade or assumed name. 8900 (19). Signature by agent-Authority-How shown. 8900 (20). Liability of person signing as agent, etc. 8900 (21). Signature by procuration -Effect of. 8900 (22). Effect of endorsement by infant or corporation. eration. 8900 (42). Effect of instrument drawn or indorsed to a person as cashier. 8900 (43). Indorsement where name is misspelled, et cetera. 8900 (44). Indorsement in representative capacity. 8900 (45). Time of indorsementPresumption. 8900 (46). Place of indorsementPresumption. 8900 (47). Continuation of negotiable character. 8900 (48). Striking out indorsement. 8900 (49). Transfer without indorsement-Effect of. 8900 (50). When prior party may negotiate instrument. ARTICLE 4. RIGHTS OF HOLDER. 8900 (51). Right of holder to suePayment. 8900 (52). What constitutes a holder in due course. 8900 (53). When person not deemed holder in due course. 8900 (54). Notice before full amount paid. 8900 (55). When title defective. 8900 (56). What constitutes notice of defect. 8900 (57). Rights of holder in due course. 8900 (58). When subject to original defenses. 8900 (59). Who deemed holder in due course. ARTICLE 5. LIABILITIES OF PARTIES. 8900 (60). Liability of maker. 8900 (61). Liability of drawer. 8900 (62). Liability of acceptor. 8900 (63). When person deemed indorser. 8900 (64). Liability of irregular indorser. 8900 (65). Warranty where negotiation by delivery, et cetera. 8900 (66). Liability of general indorser. 8900 (67). Liability of indorser where paper negotiable by delivery. 8900 (68). Order in which indorsers are liable. 8900 (69). Liability of an agent or broker. ARTICLE 6. PRESENTATION FOR PAYMENT. 8900 (70). Effect of want of demand on principal debtor. 8900 (71). Presentment where instrument is not payable on demand and where payable on demand. 8900 (72). What constitutes a sufficient presentment. 8900 (73). Place of presentment. 8900 (74). Instrument must be exhibited. 8900 (75). Presentment where instrument payable at bank. 8900 (76). Presentment where principal debtor is dead. 8900 (77). Presentment to persons liable as partners. 8900 (78). Presentment to joint debt ors. 8900 (79). When presentment not required to charge the drawer. 8900 (80). When presentment not required to charge the indorser. 8900 (81). When delay in making presentment is excused. 8900 (82). When presentment may be dispensed with. 8900 (83). When instrument dishonored by non-payment. 8900 (84). Liability of persons secondarily liable-When instrument dishonored. 8900 (85). Time of maturity. 8900 (86). Time-How computed. 8900 (87). What constitutes payment in due course. ARTICLE 7. NOTICE OF DISHONOE 8900 (88). To whom notice of dishonor must be given. |