Nebraska Supreme Court, 1871

Cook v. Kuhn

Cook v. Kuhn
Nebraska Supreme Court · Decided July 1, 1871 · Kellogg
1 Neb. 472

Cook v. Kuhn

Opinion of the Court

The court,

by Kellogg, Ch. J.,

held that the resolution recorded on the journal was sufficient to authorize Parker to execute the mortgage. The statute of frauds does not require the'authority of the agent to be signed by the principal. Besides, the proof shows that the company had the benefit of the loan, and until it repays it, it cannot avoid the security. He who seeks equity must do equity.

Decree affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.