MOUSEL v. DARINGER

No. 38633.

206 N.W.2d 579 (1973)

190 Neb. 77

Robert D. MOUSEL, Jr., Appellee, Cross-Appellant, v. Arthur A. DARINGER, Appellant, State Securities Company, a corporation, Intervenor, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

April 6, 1973.


Attorney(s) appearing for the Case

Ginsburg, Rosenberg, Ginsburg & Krivosha, Herman Ginsburg, Lincoln, for Daringer and State Securities Co.

Eisenhart & Eisenhart, Cambridge, for appellee.

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


SMITH, Justice.

The issues relate to priority of interests between an agister and a secured party and to liability of the agister for damage. The district court, sitting in equity, found for the agister on his claims but against him on the damage claim. It accordingly decreased the amount of the judgment for the agister by the amount of damages awarded. The agister's lien was adjudged superior to the security interest which concededly had been perfected. The secured...

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