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CASS COUNTY BANK v. DANA PARTNERSHIP

No. S-07-431.

750 N.W.2d 701 (2008)

275 Neb. 933

CASS COUNTY BANK, a Nebraska banking corporation, appellee, v. DANA PARTNERSHIP, a Nebraska general partnership, et al., appellants.

Supreme Court of Nebraska.

June 20, 2008.

Attorney(s) appearing for the Case

Brian T. McKernan, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellants.

Steven J. Woolley and Alan E. Pedersen, of McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O., and Steven J. Riekes, of Marks, Clare & Richards, L.L.C., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

NATURE OF CASE

In this case, Cass County Bank (Bank) seeks reimbursement from the appellants for money it paid to Upland Construction Company (Upland) pursuant to a letter of credit. The Bank contends that the appellants are liable for the Bank's extension and payment of the letter of credit because they promised to sign a promissory note guaranteeing the letter. The appellants claim, in essence, that they are not liable because they never signed...

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