Legal Opinion

LINCOLN EQUIPMENT COMPANY v. Eveland

Nebraska Supreme Court

Decided January 12, 1962No. 35076PublishedCited by 4 opinions

1Opinion of the CourtCarter, J.

This is a suit on a promissory note for the balance due. The defendant asserted by answer that he signed the note in a representative capacity only and that he is not personally bound on the note. Defendant also prayed for a reformation of the note to show his representative capacity. The trial court found for the defendant, ordered a reformation of the note, and dismissed the action.

The evidence shows that prior to August 19, 1959, the Meadow Rock Company was indebted to the plaintiff in the amount of $22,887.10. On August 19, 1959, plaintiff accepted the note in question, which at the time…

2Cases cited5 opinions

  1. Austin, Nichols Co., Inc. v. GrossSupreme Court of Connecticut · 1923
  2. Belmont Dairy Co. v. ThrasherCourt of Appeals of Maryland · 1914
  3. Sutherland State Bank v. DialNebraska Supreme Court · 1919
  4. Lovenburg v. JusticeNebraska Supreme Court · 1952
  5. Western Wheeled Scraper Co. v. McMillenNebraska Supreme Court · 1904

3Cited by4 opinions

  1. Lortscher v. WinchellNebraska Supreme Court · 1965
  2. Security National Bank v. RickertNebraska Supreme Court · 2007
  3. 780 L.L.C. v. DiPrimaNebraska Court of Appeals · 2000
  4. Shaul v. BrennerNebraska Court of Appeals · 2001

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