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PUCKETT v. FIRST NATIONAL BANK OF ATKINSON, NEB.

No. 36803.

162 N.W.2d 528 (1968)

183 Neb. 549

Jim PUCKETT, Appellee, v. FIRST NATIONAL BANK OF ATKINSON, NEBRASKA, a Corporation, Appellee, Impleaded with Leon D. Putnam, Appellant.

Supreme Court of Nebraska.

November 15, 1968.

Attorney(s) appearing for the Case

William W. Griffin, O'Neill, for appellant.

Vogeltanz & Kubitschek, Ord, Tedd C. Huston, Broken Bow, for Jim Puckett.

Deutsch & Hagen, Norfolk, for First Nat. Bank.

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

McCOWN, Justice.

This is an action to recover the balance due on an oral contract for mowing, raking, and baling hay. The defendant alleged plaintiff had been overpaid and cross-petitioned for the amount of the overpayment. The action was initially commenced against the First National Bank of Atkinson, Nebraska, based upon a check issued by Leon D. Putnam dated November 28, 1964. After a series of motions, pleadings, and orders, Leon D. Putnam was made a defendant...

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