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SCHAEFER HAULING v. GRETNA STATE BANK

Nos. 86-353, 86-354 and 87-113.

428 N.W.2d 185 (1988)

229 Neb. 580

J.J. SCHAEFER LIVESTOCK HAULING, INC., Appellee, v. GRETNA STATE BANK, A Nebraska Banking Corporation, Defendant and third-party Plaintiff, Appellant, Parks & Parks Auction Sales Managers, Inc., A Nebraska Corporation, et al., third-party Defendants, Appellees. v. The WAGGONERS TRUCKING, Appellee, v. GRETNA STATE BANK, A Nebraska Banking Corporation, Defendant and third-party Plaintiff, Appellant, Parks & Parks Auction Sales Managers, Inc., A Nebraska Corporation, et al., third-party Defendants, Appellees. GRETNA STATE BANK, A Nebraska Banking Corporation, Appellant, v. PARKS & PARKS AUCTION SALES MANAGERS, INC., A Nebraska Corporation, et al., Appellees.

Supreme Court of Nebraska.

August 26, 1988.

Attorney(s) appearing for the Case

Debra R. Nickels and E. Terry Sibbernsen, of Welsh, Sibbernsen & Roach, Omaha, for appellant.

James F. Fenlon and William G. Stockdale, of Harris, Feldman Law Offices, Omaha, for appellees Parks & Parks Auction and Patricia Parks.

HASTINGS, C.J., and SHANAHAN, and FAHRNBRUCH, JJ., and RILEY and OTTE, District Judges.

HASTINGS, Chief Justice.

This appeal involves three consolidated civil actions from the district court for Sarpy County for amounts allegedly due on promissory notes. The court found against Gretna State Bank on the issues of reformation, equitable subrogation, discharge of the notes, and a timely filing of a claim against an estate. The bank appeals in each case.

The first two actions, cases Nos. 86-353 and 86-354, were originally filed by plaintiffs, J.J...

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