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FIRST STATE BANK, FREMONT v. REED

No. 86-547.

422 N.W.2d 359 (1988)

228 Neb. 349

FIRST STATE BANK, FREMONT, Nebraska, Appellant, v. Thomas REED and Caryl Reed, Appellees.

Supreme Court of Nebraska.

April 29, 1988.

Attorney(s) appearing for the Case

Thomas B. Thomsen of Sidner, Svoboda, Schilke, Wiseman, Thomsen, Holtorf & Boggy, Fremont, for appellant.

Kurt A. Hohenstein of Rager & Hohenstein, P.C., South Sioux City, for appellees.

William B. Brandt and Robert J. Hallstrom of Brandt, Horan, Hallstrom & Sedlacek, Nebraska City, for amicus curiae Nebraska Bankers Ass'n, Inc.

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

BOSLAUGH, Justice.

This was a suit to recover a deficiency judgment for the balance due on a promissory note after the collateral securing the debt had been sold and the proceeds applied to the debt. The trial court found that the notice of private sale given by the plaintiff bank to the defendants was insufficient because it "fails to apprise the Defendants that a personal deficiency judgment might be sought against them, and that the Plaintiff failed to give notice...

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