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ASHLAND ST. BANK v. ELKHORN RACQUETBALL

No. S-92-784.

520 N.W.2d 189 (1994)

246 Neb. 411

ASHLAND STATE BANK, a Nebraska Banking Corporation, Appellee and Cross-Appellant, v. ELKHORN RACQUETBALL, INC., a Nebraska corporation, Appellee and Cross-Appellee, and Kenneth Opstein, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

July 22, 1994.

Attorney(s) appearing for the Case

Patrick M. Flood and Edith T. Peebles, of Zweiback, Hotz & Lamberty, P.C., Omaha, for appellant.

Dean J. Sitzmann, of Steier, Rogers & Pistillo, P.C., Omaha, for appellee Ashland State Bank.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ.

WRIGHT, Justice.

Ashland State Bank (Bank) sued Elkhorn Racquetball, Inc. (Elkhorn), and Kenneth Opstein to recover on a promissory note. The district court for Douglas County entered judgment against Elkhorn and Opstein for the principal balance due plus simple interest, a total of $138,261.94, plus costs. Opstein appeals; the Bank cross-appeals.

SCOPE OF REVIEW

In a bench trial of a law action, the trial court's factual findings have the effect...

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