NORTHLAND TRANSP., INC. v. McELHOSE

No. A-93-573.

529 N.W.2d 809 (1995)

3 Neb.App. 650

NORTHLAND TRANSPORTATION, INC., Appellee, v. Gordon McELHOSE, Doing Business as McElhose Trucking of Verdigre, Nebraska, Appellant.

Court of Appeals of Nebraska.

April 11, 1995.


Attorney(s) appearing for the Case

John Thomas, for appellant.

Wesley E. Hauptman and Craig Monson, for appellee.

HANNON, IRWIN, and MUES, JJ.


HANNON, Judge.

In this action the plaintiff, Northland Transportation, Inc. (Northland), sued to recover $19,232.07 it claimed to have loaned the defendant, Gordon McElhose. McElhose defended upon the basis that any money he might owe Northland originated from an illegal transaction engaged in by the parties and that therefore Northland could not recover. The trial court refused to accept the defense of illegality and directed a verdict against McElhose at the close...

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