BROWN v. NILE VALLEY BUILDING AND LOAN ASS'N

No. 37369.

175 N.W.2d 297 (1970)

185 Neb. 318

Ransome J. BROWN and J. N. Brown, Appellees, v. NILE VALLEY BUILDING AND LOAN ASSOCIATION, a Corporation et al., Appellants.

Supreme Court of Nebraska.

March 13, 1970.


Attorney(s) appearing for the Case

Herman & Herman, Mitchell, Van Steenberg, Winner & Wood, Scottsbluff, for appellants.

Wright, Simmons & Hancock, Scottsbluff, for appellees.

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


SMITH, Justice.

Defendant savings and loan associations, which we treat as one, held withdrawable savings deposited by plaintiff Ransome J. Brown on January 2, 1953. A jury, in effect, found the total deposit to be $15,000. On appeal, defendant assigns for error a jury instruction that business records cannot prove absence of an entry. Plaintiffs, without conceding error, argue that under correct instructions no reasonable jury could fail to find for them.

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