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CITIZENS STATE BANK v. BEERMANN BROS. DEHY.

No. 38358.

198 N.W.2d 458 (1972)

188 Neb. 597

CITIZENS STATE BANK, Decatur, Nebraska, a Corporation, Appellee, v. BEERMANN BROS. DEHY., a Partnership, et al., Appellants, Impleaded with David Vavra, Appellee.

Supreme Court of Nebraska.

June 9, 1972.

Attorney(s) appearing for the Case

Smith, Smith & Boyd, South Sioux City, for appellants.

Ryan & Scoville, South Sioux City, for appellee.

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

BOSLAUGH, Justice.

This is an action upon two promissory notes payable to Beermann "Quality" Fertilizers executed on October 2, 1967, by David Vavra. The notes were endorsed in blank and transferred before maturity to the plaintiff bank by the payee for their full value. The payee is a division of Beermann Bros. Dehy., a partnership, and will be referred to as the defendant.

The notes were not paid at maturity on January 2, 1968. On August 29, 1968, Vavra...

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