GILBERT v. FIRST NAT. BANK, MINATARE, NEB.

No. 32986.

48 N.W.2d 401 (1951)

154 Neb. 404

GILBERT v. FIRST NAT. BANK, MINATARE, NEB., et al.

Supreme Court of Nebraska.

June 7, 1951.


Attorney(s) appearing for the Case

Jack L. Raymond, Scottsbluff, Robert L. Gilbert, Morrill, for appellant.

Atkins, Lyman & Ferguson and Mothersead, Wright & Simmons, all of Scottsbluff, for appellee.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


CHAPPELL, Justice.

Plaintiff originally brought this action against The First National Bank of Minatare, hereinafter called the bank, to recover assets of the estate of Samuel M. Kelly, deceased. The petition substantially alleged that Samuel M. Kelly, also known as Sam Kelly, died intestate on October 29, 1949, at which time he had on deposit $1,775.13 in said bank payable upon his demand, and that plaintiff was appointed administrator of his estate on January 27...

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