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SCHUYLER STATE BANK v. CECH

No. 86-508.

423 N.W.2d 464 (1988)

228 Neb. 588

SCHUYLER STATE BANK, Appellee, v. Theofil J. CECH, Defendant and Third-Party Plaintiff, Appellant, David W. Flory et al., Third-Party Defendants, Appellees.

Supreme Court of Nebraska.

May 20, 1988.

Attorney(s) appearing for the Case

Lawrence H. Yost and David C. Mitchell of Yost, Schafersman, Yost, Lamme & Hillis, P.C., Fremont, for defendant and third-party plaintiff, appellant.

Terrence L. Michael and William G. Dittrick of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for third-party defendants, appellees Flory, et al.

HASTINGS, C.J., WHITE, SHANAHAN, and FAHRNBRUCH, JJ., and BLUE, District Judge.

PER CURIAM.

In the "Second Cause of Action" of its petition, Schuyler State Bank alleged that Schuyler Farm Supply, Inc. (Farm Supply), gave the bank five promissory notes in the aggregate principal of $1,228,531 and that, after credit for payments, principal of $1,130,318 was unpaid on Farm Supply's notes. The bank also alleged other advances of $167,993 to Farm Supply, none of which had been repaid. The total principal of Farm Supply's indebtedness was $1,298,-311...

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