First National Bank v. Fairchild

Hastings, District Judge.

This is an action in assumpsit brought by the First National Bank of Fairbury, Nebraska, against Herman E. Fairchild, Arthur R. Nichols and Henry L. Duval, as defendants, to recover for money alleged to have been loaned at their request and used for their benefit. The defendant Nichols was not served, and the defendant Duval died before service was had upon him. The case proceeded to trial against Fairchild, and at the close of the evidence, *427on motion of plaintiff, a verdict was directed in favor of the bank for the full amount claimed. Judgment was entered on the…