R. B. JONES & SONS, INC. v. NELSON

No. 35285.

119 N.W.2d 56 (1963)

174 Neb. 655

R. B. JONES & SONS, INC., Appellant, v. Ray E. NELSON, dba Ray E. Nelson Transportation Company, Appellee.

Supreme Court of Nebraska.

January 11, 1963.


Attorney(s) appearing for the Case

Andrew J. McMullen, Kearney, for appellant.

Tye, Worlock & Knapp, Kearney, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.


CARTER, Justice.

This is an action at law brought by R. B. Jones & Sons, Inc., against Ray E. Nelson d/b/a Ray E. Nelson Transportation Company to recover the unpaid amount of an advance premium deposit due on a motor vehicle insurance policy, which was paid by the plaintiff at the request of the defendant. The defendant denied that there was any amount due. A jury was waived and a trial had to the court. At the close of plaintiff's case defendant moved to dismiss...

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