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EQUITABLE LIFE ASSUR. SOC. v. STARR

No. S-89-1249.

489 N.W.2d 857 (1992)

241 Neb. 609

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. Frances D. STARR, formerly known as Frances D. Ehlers, Appellee.

Supreme Court of Nebraska.

October 2, 1992.

Attorney(s) appearing for the Case

Daniel E. Klaus, of Rembolt Ludtke Parker & Berger, Lincoln, for appellant.

James D. Smith, of Brock, Seiler & Smith, Hastings, for appellee.

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

SHANAHAN, Justice.

In a contract action brought by Equitable Life Assurance Society of the United States (Equitable) against Frances D. Starr, formerly known as Frances D. Ehlers, as comaker of a promissory note, Starr denied signing the note, and a jury found in her favor. In its appeal, Equitable contends that the trial court misapplied the "best evidence" rule.

FACTUAL BACKGROUND

On May 5, 1980, newlyweds Pamella and James Ehlers obtained a $147...

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