Click image to open full size in new tab
Article Text
Supreme Court Syllabi
The following opinions were filed by the Nebraska supreme court: Flannigan State. Error, Holt. Affirmed. Rose, 1. In prosecution against banker for receiving deposits knowing the bank to be insolvent, intentional fraud, deceit, false reports of banking affairs and wrongful entries on books not of that felony the statute. Comp. St. 1929, sec. 8-147. An Instruction that bank may deemed when able the its cred. itors in the and manand when the cash of insufficient pay liabilities, time realize on such held not judicially erroneous in prosecution against for posits knowing the bank to be Insol solvent In prosecution against bank for knowing bank be insolvent, amount deposits, the relative value the asthe extent of the reserve material An expert banking may exan opinion as the bank, based knowledge Its liabilities and information disclosed detailed examination of and worthless assets connection depleted reserve banker who controls bank as president and principal with condition and affairs and authorizes deposits to be be knowing the bank to be Insol be for them though he did not peraccept the record by the state counteract other remote. immaterial matter by defendant in the first Instance not entitle him to reversal his on the ground where he was not thereby Former verified statements of witness. with his mony the of be credibility evidence to Impeach his Where there is no occasion for the giving of instruction containing the uno, falsus in omnibus, the trial court may refuse to In criminal give prosecution offendirecting statements each other personally is not prejudicial fendant. or ground for reversal where promptly rebuked them from the and directed the jury pay no such Gutru State Madison. firmed. Goss, Eberly disinstruction. in effect that bank be deemed when the cash value of its ties sonable depositors such and referring to the jury, held not prejudicially the tion of a banker Comp. St 1929. for receiving deposits the bank be the officer of the bank for receiving deposits when the bank an mistant charge of notes value notes. upon being laid showing knowledge of the finanma error can be predicated upon jury a given there must been request unless question where statute positive rule law requires the Georgis 110 Where managing officer. knowauthorizes permits and continue deposits through officers and he guilty knowingly "being accessory receivaccepting' even though had actual of the receiving of such bank is Insolvent. withdrawals deposits relatives members of the defendant the bank are er and circumstances in knowledge of the of the Dempster Receiver Ashton. ApAffirmed the remedy provided section St. 1929. "creditors of an Insolvent corporation cannot maintain an against debts shown that stockholders who are defendant and who state for good and sufficient reason cannot be reached the process Gedney 105 Neb 112. Certain statements appearing opinion on Bourne Baer, 107 State rel Sorensen Bank of Stock customer credit for check upon funds to his the bank sufficient pay the against his account such equivalent the payment of the check deposited. agent of depositor and holds deposit fund when. with knowledge of the fact, accepts of paying deposit specific made for the purState Sorensen The SecuriState Bank of Plainview American Surety Company New York) appeal, Goss, Where, receivership court claim for deposit order is judgment. district has the modify its judgments orders term which they were made, only for the reasons stated and within the time limited in chapter 20, Gray Comp. Burdin Appeal, Hall. Affirmed. final Eberly. order denying compensation, entered by the compensation commissioner hearing the merits proceeding appealed properly brought, and legally from, absolute bar subsequent suit based upon the same cause as otherwise provided by terms of the workmen's compensation
