Department of Banking v. Lawhead

This is an action by the Department of Banking of the State of Nebraska, as receiver and liquidating agent of the Bartlett State Bank, insolvent, against Frank Law-head, appellee. Two causes of action were set out in appellant’s petition, the first being upon a promissory note and the second on a check. Appellee’s answer generally denies all allegations in the petition, and alleges payment of the promissory note and check. The reply consisted of a general denial.

On trial to a jury a verdict was rendered for appellee on both counts and judgment entered thereon.

The evidence discloses that…