Jameson v. Giacalone

Appellant, Darryl D. Jameson, filed suit to recover on a note given by appellee, V. William Giacalone as his contribution to the partnership capital account. Appellee answered, admitting the execution of the note and nonpayment but alleging by amended cross-petition that he was entitled to certain setoffs and to damages by reason of appellant’s alleged misconduct which resulted in the failure of the partnership enterprise. In effect, the appellee asked for an accounting.

We note at the outset that this is a law action. In Fleischer v. Broders, 178 Neb. 723, 730, 135 N.W.2d 5, 10 (1965), we…