FARMERS UNION COOP. ASS'N v. COMMERCIAL STATE BANK

No. 37926.

191 N.W.2d 168 (1971)

187 Neb. 376

FARMERS UNION COOP. ASSOCIATION, Cedar Bluffs, Nebraska, Appellant, v. COMMERCIAL STATE BANK, Cedar Bluffs, Nebraska, Appellee.

Supreme Court of Nebraska.

October 29, 1971.


Attorney(s) appearing for the Case

Craig, Woodruff & Hanley, William B. Craig, Dale D. Kuhlmann, Omaha, for appellant.

Yost, Schafersman, Yost & Lamme, Fremont, for appellee.

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


SMITH, Justice.

Defendant bank exchanged cash over the counter for two checks payable to plaintiff corporation. Plaintiff claimed the proceeds on the ground of unauthorized endorsements by Lester J. Schulz, its general manager. The district court found generally against plaintiff. The question on appeal is whether the court erred in not finding or concluding that plaintiff had not authorized the transactions.

Only three witnesses testified: Raymond D. Grosse...

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