Tecumseh National Bank v. Saunders

Being unable to concur in the conclusion reached by the majority upon the applications for rehearings in this and the several cases submitted therewith, I will briefly state my views upon the question involved.

The actions were against the Tecumseh National Bank, as successor of the Bank of Russell & Holmes, to recover moneys deposited by the several plaintiffs in the last 'named bank. The petition in each case filed in the court below is substantially the same as the one construed in Austin v. Tecumsch Nat. Bank, 49 Neb., 412, which was held not to state a cause of action. Doubtless, to…