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COTNER COLLEGE v. HESTER'S ESTATE

No. 33031.

51 N.W.2d 612 (1952)

155 Neb. 279

COTNER COLLEGE v. HESTER'S ESTATE.

Supreme Court of Nebraska.

February 8, 1952.

Attorney(s) appearing for the Case

Clarence G. Miles, Lincoln, Frank B. Morrison, McCook, for appellant.

Stevens & Scott, McCook, VanPelt, Marti & O'Gara, Lincoln, and Hines & Hines, Benkelman, for appellee.

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

CHAPPELL, Justice.

This action originated as a claim filed by plaintiff in the county court against the estate of Elmer E. Hester, deceased, to recover upon a subscription endowment note. The claim was disallowed. Upon appeal to the district court a jury was waived and the issues were tried to the court. The defense, insofar as important here, was failure of consideration, to which claimant replied that the estate was estopped to make such defense. In its decree the...

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