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BROWNELL DISCHARGED AS BANK RECEIVER Brownell was discharged receiver of the Citizens State bank Ralston, American State bank Omaha, Bank of Waterloo and Bennington State bank by District Judge Charles Foster, orders signed Saturday. These bank- liquidations are complete.
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BRIEF PREVIEWS Filed Last Two Weeks excess interest, not incorporated or licensed for loan business. Used agent as device to avoid law. Cash and credit price of sale of cars involved. (Brief of appellees 28453, & Grand Island Finance Co. VS Fowler, Ridgeway, Besack. Geo. N. Gibbs; Wm. E. Shuman, North Platte, attorneys.) between sedan and truck, more than slight negligence, erroneous jury instruction, question of conclusion of judgment. Widow, only heir-at-law not solely dependant on deceased son, also has life interest of appellant 28733 in estate. (Brief McDonald vs Wright, Crofoot, Fraser, Conolly & Stryker, Omaha, attorneys.) Workmen's ery, employee had two previous hand injuries before beginning work. third injury to same hand in question. Which injury caused disability (Brief of appellee 28693 Kuhtnick admr. VS Carey et al., R. A. Robinson, North Bend, attorney.) men apparently intoxicated try to cross by car. Was there more than negligence? (Reply brief 28450 Lyons vs Joseph, Crofoot, Fraser, Connolly Stryker, Omaha, attorneys.) stretch of land 40 years for road. Upon petition, county grants road de sac road. Object to expense borne by county for said road. Owners have easement of ingress and egress. (Brief of appellants 28579 Mlady VS County of Knox et al., H. F. Barnhart, Richard Steele, Creighton, Workman's right knee, employment, knee got worse. Various treatments and examinations, final diagnosis traumatic arthritis. Question of statute of limitations in filing due to certainty of compensability. (Brief of appellee 28689 Clary vs Proudfit Co., H. R. Ankeny, Lincoln, attorney.) Attorney of same for bank litigation authorized by former receiver. Allowed in 54 cases under similar circumstances. (Reply brief of appellants 28662-7 inc State Washington & Douglas County Banks, Skiles & Skiles, Beynon, Lincoln and Crossman, Munger & Barton, Omaha, attorneys. collision, wrong side of road, question of road space, speed of cars, material issues in dispute. Negligence. (Brief of appellee 28629 Anderson Altschuler. Dressler & Neely, Omaha, attorneys. Confirmation of proper legal notice published, attempted notice misleading, not facts, no such suit pending, no decree foreclosure entered, object to confirmation of sale. (Brief of appellants 28707 Trampe VS Tilley. Tillinghast, Arthur: Mayer, Kroger & Mayer, Grand Island; L. A. De Voe, Ogallala, attorneys.) Confirmation of bids at first sale, second sale bid below fair value. (Brief of appellants 28706 Durland Trust Co. VS Cross. Tillinghast. Arthur: Mapes & Mapes, Norfolk: M. Maupin, Ogallala, attorneys.) by receiver of insolvent bank against all its stockholders for double liability, premature suit, assets not exhausted, limited receivers powers, married woman's homestead exempt. (Brief of appellants 28710 Luikart receiver Bennington State Bank vs Bunz et al., Chas W. Haller, Omaha, attorney. on mortgaged car defendant sold to plaintiff without knowledge of mortgage. Defendant pays off part of mortgage after sold. Plaintiff compelled to pay balance. Defendant refused to testify. (Brief of appellee 28649 Dickinson VS Lawson. Lanigan & Lanigan, Greeley and A. L. Bishop, Bartlett, attorneys.) Workmen's Compensation-is law of contracts or residence of parties determining factor? (Brief of appellants for rehearing 28623 Esau Smith Bros. Inc. Brome, Thomas & McGuire and G. H. Seig, Omaha, attorneys. Recover on Tax of land assessed twice and certain tract of land was sold when no tax due. Tax sale certificate included more land than facts showed. Statute of limitations refunds from county, did he demand a deed or foreclose? (Reply brief of appellant 28590 Speidel Co. of Scottsbluff. R. Clark, Robert W. Patterson, Scottsbluff, attorneys.) of failed bank. against estate fully administered according to law. Heirs-atlaw refused bank stock. District court no jurisdiction to enforce claim against decedent's estate. (Brief of appellants 28731 Parker receiver Altona State Bank VS Luehrmann et al. A. R. Oleson, Wisner, attorney.) brothers sign a third brother's note on horses bought from cousin. The Third brother lived in Canada and had two resident sign note as an accommodation. Right of jury trial. Who owned notes at commencement of suit? Who pro- fited? (Brief of appellants Mills VS Mills et al. Butler & James, Cambridge; F. Rateliffe, Benkelman, attorneys.) accident, improper or speed on rainy day and failed to observe, beyond center of pavement wide box body of truck, newspaper defendants whose papers were hauled in said truck be submitted to a jury trial. (Brief of appeliant 28724 Zaj administrator vs Johnson, Eager et al. Crofott, Fraser, Connolly & Stry35%. ker, Omaha, attorneys.) Compensation was Workmen's death due to accident or natural death? While on duty as fireman deceased was found on ground with slight bruises on left side of head; an autopsy revealed his heart was in systole. No proof of electrocution or being struck by (Brief of appellant 28703 Mullen City of Hastings. Kennedy, Holland & DeLacy, Omaha; Stiner & Boslaugh, Edmund Nuss, Hastings, attorneys.) for rent on a written lease not complete abandonment, attachment not an eviction, no surrendday, er of premises. (Brief of appellant 28712 Kimball vs Lincoln Theatre Corp. et al. Chambers & Holland, Lincoln, attorneys.) Tax it necessary to allege and prove the commencement of foreclosure action or demand treasurdeed in failure of obtaining title under tax sale sold on which no tax was of limitations on tax titles. (Brief of appellee 28682 Farm Investment Co. VS County of Scotts Bluff. Rush C. Clarke; Robert W. Patterson, Scottsbluff, attorneys.) due to hitting grader which obstructed road, no drinking, unlawful to ride on running board not effective on date of accident. Case should have had jury trial due to conflicting testimony. (Brief of appellant 28290 Kudrna VS Sarpy Co. et al. O'Brien & Powers; G. North, Omaha, attorneys.) sufficient under 15 years of age is under age of consent. Corroboration of testimony, voluntary confession, jury weigh confession. (Brief of defendant in error 28618 Morcumb VS State. Paul F. Good, Atty. Gen., Wm. H. Wright, asst. personal injuries. On snowy night husban ran into defendant's car on highway as he was driving slowly. Unanimous verdict for defendant, jury properly instructed. (Brief of appellee 28600 Murphy VS Shibiya. Wear, aGrrotto & Boland, Omaha, attorneys,) into an elevator shaft in warehouse. Plaintiff was purchasing rags from defendant, therefore direct beneficiary within rule exempting charities from liability, used indirect route to said rags, more than slight contributory negligence. (Brief of appellee 28578 Wright Salvation Army. E. Murphy, H. W. Shackelford, Omaha, attorneys.) Insurance paid by check which was dishonored for want of funds automatically cancels policy. Barn burns before letter of cancellation reaches insured. Actual forfeiture declared by insurer before operative forfeiture clause in case of default is for company benefit and may be waived. Was policy in default? Was there waiver of forfeiture? (Brief of appellee 28670 Hobza State Farmers Ins. Co. of Omaha. Wm. L. Dowling, Madison, Chas. J. Thielen, Humphrey, attorneys.) money deposited in bank (which later failed) in lieu of time certificate of deposit for support of minor child a trust fund payable full from assets (Brief of appellant 28718 State ex rel Sorensen American State Bank, Springfield, et al. D. Dwyer, W. Dwyer, Plattsmouth, associate counsel for F. C. Radke, Barlow Nye.) of trade acceptance certificate instead of commission certificate without reading same. Fraud is question of jury if not agreed. Misrepresentations, confidential relation, contract different provision than contemplated by parties. (Brief of appellee 28650 Case Co. Hrubesky. W. B. Sadilek; Geo. W. Wertz, Schuyler, attorneys.) on excess back taxes on land on which assessment valuation was raised by precinct assessor cannot raise valuation unless improvements exceeding $100 were added, legal authority, mode of raising procedure not followed, notithose affected. (Brief of appellee 28660 Western Pub. Serv. Co. School Dist. No. 33, Wheeler Co. Clarence A. Davis, Holdrege, attorney.) Workmen's penter large finger by hammer, ostecomyelitis developed, amputated same, later extracting tooth caused osteomyelitis, death resulted. Question of statute of limitations ing claim, not latent injury? not mentally incompentent? (Brief of appellee 28693 Kuhtnick, admr. Eskildsen. Cook & Cook, Carey, Fremont, attorneys.)
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LINCOLN, Jan. 1930 state constitutional amendment permitting quick action against stockholders failed banks for their double liability upheld today by the Nebraska supreme court taking immediate effect. Guz Bunz, stockholder in the Bennington State bank, had appealed from Douglas county district court decision which state banking department sought recovery from him of the liability beexhausting assets of the bank as was required before the amendment passed. Right To Sue Validity the law its effect upon prior enactment the was attacked but the court held the amendment changed only the time which the liability could be sought and did not affect the viously right of the bank for the money. In Cuming county banking the court upheld the right receiver to estate for stockholders' liability in the district court.
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ACTION SUPREME COURT SAYS 1930 AMENDMENT TOOK EFFECT IMMEDIATELY RECEIVER CAN SUE ESTATE Cuming County Case Involving Herman Luehrmann Heirs tied Bank Wins Action Involving Flannigan Stuart Lincoln, amendment permitting quick action against stockholders falled for their double liability was upheld today by the Nebraska supreme court taking immediate effect. Gus Bunz, in the Bennington State bank, had appeal from Douglas county district court in which the state banking department sought from him the liability fore exhausting assets the bank was required before the amendment passed. Only Time Changed Validity the its effect upon prior enactment amendment tacked but the the amendment changed only the time which liability could be sought and did the ously the bank the money the court upheld right ceiver estate for stock holders liability the district court. The of the Farmers State bank had action against the of Herman in which attempt was made by of the estate that county court clusive jurisdiction claims against estates. The banking department won its claim needed keep the estate open county court while determining liability district court. department lost another suit however, transactions John Flannigan in the Citizens State bank of Stuart. The supreme court the First of Omaha entitled trust fund claim about $9,000 the money due the Omaha bank and the court held Flannigan erroneously deposited the money his institution after clerking the sale.
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COURT UPHOLDS FAST RECOVERY ON BANK STOCK A 1930 Nebraska state constitrtional amendment permitting quick action against stockholders in failed banks for their double liability was upheld in Lincoln Friday by the Nebraska supreme court as taking immediate effect. Gus Bunz, stockholder in the Bennington State bank, had appealed from Douglas county district court decision in which the state banking department sought recovery from him of the liability before exhausting assets of the bank as was required before the amendment passed. Validity of the law in its effect upon prior enactment of the was attacked, but the court held the amendment changed only the time in which the liability could be sought and did not affect the previously established right of the bank receiver to sue for the money.