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DEPARTMENT OF BANKING v. LAWHEAD

No. 36467.

150 N.W.2d 734 (1967)

181 Neb. 722

DEPARTMENT OF BANKING of the State of Nebraska as Receiver and Liquidating Agent of the Bartlett State Bank, Insolvent, Appellant, v. Frank LAWHEAD, Appellee.

Supreme Court of Nebraska.

May 12, 1967.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Robert A. Nelson, Special Asst. Atty. Gen., Lincoln, for appellant.

Vogeltanz & Grimminger, Ord, for appellee.

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

NEWTON, Justice.

This is an action by the Department of Banking of the State of Nebraska, as receiver and liquidating agent of the Bartlett State Bank, insolvent, against Frank Lawhead, appellee. Two causes of action were set out in appellant's petition, the first being upon a promissory note and the second on a check. Appellee's answer generally denies all allegations in the petition, and alleges payment of the promissory note and check. The reply consisted of a...

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