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JOHN DEERE CO. v. BOELUS STATE BANK

No. 88-083.

448 N.W.2d 163 (1989)

233 Neb. 818

JOHN DEERE COMPANY, Appellee, v. BOELUS STATE BANK, Appellant.

Supreme Court of Nebraska.

November 22, 1989.

Attorney(s) appearing for the Case

Galen E. Stehlik, Grand Island, for appellant.

Lynn A. Mitchell, of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

BOSLAUGH, Justice.

This is a suit by the plaintiff, John Deere Company, against the Boelus State Bank on a cashier's check issued by the defendant bank and payable to the plaintiff. The trial court found that the plaintiff was a holder in due course and entitled to recover $8,455.85. The defendant has appealed and contends that the trial court erred in finding for the plaintiff because there was evidence of an affirmative defense under Neb.U.C.C. § 3-305(2) ...

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