Legal Opinion

Carek v. Schmidt

Nebraska Supreme Court

Decided April 6, 1934No. 28913Published

1Opinion of the CourtDay, J.

On October 8, 1928, Justina C. Carek signed a note for $5,000 in favor of the Oak Creek Valley Bank and at the same time executed an assignment to the same bank of a life insurance policy. She brings this suit to cancel note and assignment of insurance policy alleging that they were obtained by fraud, coercion, duress, pressure, fear, and persecution overcoming her will. The trial court found, for plaintiff, ordered cancelation of the note and assignment, and return of the policy to plaintiff.

The transaction arose in connection with the State Bank of Touhy. The. State Bank of Touhy, the. Oak…

2Cases cited4 opinions

  1. Hargreaves v. KorcekNebraska Supreme Court · 1895
  2. Farmers State Bank v. DowlerNebraska Supreme Court · 1924
  3. Beindorff v. KaufmanNebraska Supreme Court · 1894
  4. Hoellworth v. McCarthyNebraska Supreme Court · 1913

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