Dempster v. Ackley

The opinion of the court was delivered by

Dawson, J.:

The plaintiff, as 'receiver of the insolvent State Bank of Superior, Neb., brought this action against G. W. Ackley, a former resident of Jewell county, but more recently a resident of California, to recover the sum of $3,632.55 which it was alleged the former president of the bank, Joseph E. Weir, had paid out of the bank’s funds to satisfy a mortgage on Ackley’s farm held by the First Trust Company of Lincoln, Neb.

The antecedent facts leading up to plaintiff’s cause of action were these: Some years ago Ackley’s son, Emor L. Ackley, desired…