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GALYEN PETROLEUM CO. v. HIXSON

No. 82-001.

331 N.W.2d 1 (1983)

213 Neb. 683

GALYEN PETROLEUM COMPANY, a corporation, Appellant, v. Norman J. HIXSON, doing business as Hixson Skelly Service, and Commercial Bank, Bassett, Nebraska, a corporation, Appellees.

Supreme Court of Nebraska.

March 11, 1983.

Attorney(s) appearing for the Case

Arlen D. Magnuson, O'Neill, for appellant.

Cronin, Hannon & Symonds, O'Neill, for appellee Bank.

KRIVOSHA, C.J., WHITE, and CAPORALE, JJ., and SPRAGUE, District Judge, and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

Plaintiff, Galyen Petroleum Company (Galyen), appeals a summary judgment in favor of the Commercial Bank (Bank) of Bassett, Nebraska, in a suit to recover on three checks personally presented to drawee Bank by payee Galyen, upon which payment was refused, although the drawer had funds on deposit to pay some of the checks.

Galyen was a wholesale supplier of fuels to the defendant,...

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