First National Bank v. Pflaester
First National Bank v. Pflaester
Opinion of the Court
This action was brought by the First National Bank of Loup City against the defendants, George F. Pflaester, Andrew W. Pflaester, and Pflaester Brothers, and Lewis S. Howe, defendant and appellee, to foreclose certain alleged chattel mortgage liens claimed to be in its favor. The case as between the plaintiff and Mr. Howe is to determine whether the plaintiff has a lien upon certain personal property claimed by Mr. Howe. After this there is a second contention as to whether the defendant Howe is indebted to the plaintiff. There was a finding and judgment for the defendant Howe on the claims against him. It is uncertain how many mortgages were executed and delivered to the appellant by the defendants George F. Pflaester, Andrew W. Pflaéster, and Pflaester Brothers. The pleadings in the case are somewhat long and involved and given to much detail. • We will therefore omit a statement of their contents.
The defendant Andrew W. Pflaester did not sign the contract, and apparently had nothing to do with the arrangement at its commencement. Howe seems to have furnished 75 “she” cattle, 5 young steers, 1 bull. He testified that he furnished everything to run the place except 2 horses. George F. Pflaester was to have a half interest in the colts raised on the place, and also in the calves.
Howe testified that the property wras always to remain his. This refers to the original stock. He also testified, that he never sold Pflaester any interest in the' cattle or in the machinery, but seems to have furnished all the machinery used on the place, a swinging hay stacker which he bought at Council Bluffs, a hay wagon and harness which he bought at a sale, a scraper, a lister, a disc, a new wagon, a corn binder, 2 riding cultivators, a 3-row cultivator, a 2-section harrow, a set of double harness, a 16-inch plow, a span of mules named Jack and Jennie, bought of James Foulon, a set of harness for the mules, a 7-year old mare called Bessie, bought in Council Bluffs, an 8-year old mare named Dolly, having a white stripe in her face, and which the defendant Howe raised, 27 head of cows 5 years old, some of which the defendant Howe raised, and some of which he bought at Thompson’s sale, and some of which he shipped from South Omaha, one set of pump tools, and one grindstone. The defendant Howe testified that he owned all this property, and that he never transferred any interest in it to the Pflaesters or either of them; that he was.
This court has so held in Katz v. Ish, 84 Neb. 380. In that case the first paragraph in the syllabus reads :■ “While it is the duty of this court upon appeal- in an equity case to pass upon the evidence and reach its own conclusion thereon, still, in ordinary cases, where the evidence is entirely oral and the trial court may be presumed to have had a general local knowledge of the parties, the witnesses and the subjects of controversy, the finding of the trial court, is entitled to careful consideration.” The judgment of the trial court in that case was sustained. In the body of the opinion it is said: “A critical analysis of the testimony of each witness is impracticable with the time at our command, and we can only say that, while not entirely satisfied, we think the preponderance of the evidence is with the defendant, and that the district court was justified in so finding.”
In McNamara v. McNamara, 93 Neb. 190, which was a divorce case, this court held: “In an action in equity this court, upon appeal, must try the case He novo upon
After a careful examination of the testimony of the witnesses, briefs of counsel, and authorities cited, we are unable to say that the findings and judgment of the district court are Avrong. It is shown by the record that the trial' judge was careful in his examination of the details of the case. We adopt his conclusion. The judgment of the district court is
Affirmed.
Reference
- Full Case Name
- First National Bank of Loup City v. George F. Pflaester
- Status
- Published