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NEBRASKA STATE BANK, SOUTH SIOUX CITY v. SHERLOCK

No. 36285.

145 N.W.2d 573 (1966)

180 Neb. 772

NEBRASKA STATE BANK, SOUTH SIOUX CITY, Nebraska, a corporation, Appellee, v. Francis L. SHERLOCK, Appellant.

Supreme Court of Nebraska.

October 21, 1966.

Attorney(s) appearing for the Case

McCarthy & Kneifl, South Sioux City, for appellant.

Leamer & Graham, South Sioux City, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and C. THOMAS WHITE, District Judge.

BROWER, Justice.

Plaintiff Nebraska State Bank filed its petition in the district court for Dakota County to recover $4,238.82, which was transferred from the account of Glass Land Company to the account of the defendant, Francis L. Sherlock. The sum so transferred was thereupon paid out by plaintiff on two checks drawn by the defendant in the exact amount of the sum transferred. The sum so transferred was ordered repaid...

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