Berkovitz v. Morton-Gregson Co.

Sam Berkovitz, the plaintiff, brought this action'against Morton-Gregson Company, B. F. Kleeberger and the State Bank of Omaha, to recover payments made in excess of amounts due on accounts of Morton-Gregson Company against plaintiff for merchandise. Trial was' had to the court without a jury, resulting in a judgment for plaintiff as against Kleeberger, and in favor of defendants, MortonGregson Company and State Bank of Omaha. Plaintiff appeals. The case presented in this court involves only the liability of Morton-Gregson Company to plaintiff.

At the time of the transactions, out of which…