DEPARTMENT OF BANKING v. COLBURN

No. 38116.

198 N.W.2d 69 (1972)

188 Neb. 500

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

Supreme Court of Nebraska.

May 26, 1972.


Attorney(s) appearing for the Case

Michael V. Smith, Gordon, W. Gerald O'Kief, Valentine, for appellant.

Bernard B. Smith, Lexington, Milton C. Murphy, North Platte, for appellee.

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


BOSLAUGH, Justice.

The Nebraska State Bank of Valentine, Nebraska, was closed on October 29, 1964, by the Department of Banking of the State of Nebraska. The bank had become insolvent because its president, Richard L. Davenport, had embezzled over $3,000,000 of its funds.

The defendant, Frank L. Colburn, was a director and the cashier of the bank at the time it was closed. This action was commenced on June 8, 1966, by the Department of Banking, as receiver...

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