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DEPARTMENT OF BANKING v. KEELEY

No. 36665.

160 N.W.2d 206 (1968)

183 Neb. 370

DEPARTMENT OF BANKING of the State of Nebraska as Receiver of Nebraska State Bank of Valentine, Valentine, Nebraska, Insolvent, Appellee, v. Eugene P. KEELEY, Appellant.

Supreme Court of Nebraska.

July 12, 1968.

Attorney(s) appearing for the Case

Michael V. Smith, Gordon, for appellant.

Murphy, Pederson & Piccolo, North Platte, Smith Brothers, Lexington, for appellee.

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

SPENCER, Justice.

Appellant, by new counsel, has filed a motion for rehearing. Essentially, the new issue raised is that the appellant as guarantor can only be liable for so much of the face amount of the note as would be a liability against the maker. We overrule the motion for rehearing and adhere to our former opinion.

The present action, as set out in our former opinion (182 Neb. 645, 156 N.W.2d 803

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