SCHMIDT v. SCHMIDT

No. 86-546.

424 N.W.2d 339 (1988)

228 Neb. 758

Albert K. SCHMIDT, Personal Representative of the Estate of Ethel F. Schmidt, Deceased, Appellee and Cross-Appellant, v. Clifford J. SCHMIDT, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

June 10, 1988.


Attorney(s) appearing for the Case

Paul D. Boeshart of Baskins & Boeshart, North Platte, for appellant and cross-appellee.

John A. Gale of Gale Law Office, P.C., North Platte, for appellee and cross-appellant.

BOSLAUGH, WHITE, and SHANAHAN, JJ., and GITNICK and GARDEN, District Judges.


GITNICK, District Judge.

This case commenced as a suit brought by the First National Bank and Trust Company of North Platte, Nebraska, as conservator of Ethel F. Schmidt, plaintiff in the trial court; and upon her death, her son, Albert K. Schmidt, as personal representative of her estate, was substituted as party plaintiff in place of the conservator, to recover for a series of personal checks totaling $35,700, allegedly advanced as loans to Mrs. Schmidt's son, the...

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