John Deere Co. v. Boelus State Bank

This is a suit by the plaintiff, John Deere Company, against the Boelus State Bank on a cashier’s check issued by the defendant bank and payable to the plaintiff. The trial court found that the plaintiff was a holder in due course and entitled to recover $8,455.85. The defendant has appealed and contends that the trial court erred in finding for the plaintiff because there was evidence of an affirmative defense under Neb. U.C.C. § 3-305(2) (Reissue 1980), and in finding that the plaintiff was a holder in due course because the instrument in question was never “issued” within the meaning of…