LADENBURGER v. PLATTE VALLEY BANK OF NORTH BEND

No. 36115.

141 N.W.2d 766 (1966)

180 Neb. 167

Leo J. LADENBURGER, Appellant, v. PLATTE VALLEY BANK OF NORTH BEND, a Corporation, Appellee.

Supreme Court of Nebraska.

April 15, 1966.


Attorney(s) appearing for the Case

Sidner, Gunderson, Svoboda & Schilke, Fremont, for appellant.

Kerrigan, Line & Martin, Fremont, for appellee.

Heard before WHITE, C.J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


SMITH, Justice.

Defendant bank applied a general deposit in a checking account against the depositor's indebtedness to it. Subsequently a check drawn against the deposit and payable to plaintiff was dishonored by nonpayment. The district court sustained a general demurrer of the bank to plaintiff's petition for restitution. From the resultant order of dismissal plaintiff has appealed.

Plaintiff theorizes that the bank owes him a duty to make restitution, and...

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