BANK OF VALLEY v. MATTSON

No. 82-673.

339 N.W.2d 923 (1983)

215 Neb. 596

BANK OF VALLEY, a corporation, Appellee, v. Wilmer H. MATTSON, Appellant.

Supreme Court of Nebraska.

November 10, 1983.


Attorney(s) appearing for the Case

David J. Lanphier of McGill, Koley, Parsonage & Lanphier, P.C., Omaha, for appellant.

Richard J. Butler of Ginsburg, Rosenberg, Ginsburg, Cathcart, Curry & Gordon, Lincoln, for appellee.

BOSLAUGH, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.


CAPORALE, Justice.

The Bank of Valley, plaintiff below and appellee in this court, sued Wilmer H. Mattson, defendant-appellant, on a promissory note issued to it by Mattson. Mattson counterclaimed, praying, inter alia, that his note be reformed such that it be between the bank and its former president, Peter Heintzelman. Mattson appeals from the order of the trial court which, at the close of defendant's evidence, directed a verdict against him on the bank's petition...

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