Legal Opinion

W.B. Farms v. Fremont National Bank & Trust Co.

Court of Appeals for the Eighth Circuit

Decided March 7, 1985No. Nos. 84-1442, 84-1480PublishedCited by 4 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

W.B. Farms brought this action for breach of an oral agreement it says it made with Fremont National Bank & Trust Co. It contends that Fremont National Bank agreed to pay a check made payable to W.B. Farms whenever sufficient funds came into the account of the drawer. Jurisdiction is based on diversity of citizenship, and Nebraska law governs. Fremont appeals from a judgment entered on a jury verdict against it. Three principal questions are presented. The first question is whether an oral agreement by a drawee bank to pay a check whenever sufficient funds come into the…

2Cases cited5 opinions

  1. Ancom, Inc., a Corporation v. E. R. Squibb & Sons, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1981
  2. Church of the Holy Spirit v. Bevco, Inc.Nebraska Supreme Court · 1983
  3. Classen v. BECTON, DICKINSON AND CO.Nebraska Supreme Court · 1983
  4. Sabin Meyer Regional Sales Corp. v. Citizens BankDistrict Court, N.D. Georgia · 1980
  5. Edquist v. Commercial Savings & Loan Ass'nNebraska Supreme Court · 1974

3Cited by4 opinions

  1. Garnes v. Gulf & Western Manufacturing Co.Court of Appeals for the Eighth Circuit · 1986
  2. Earlie Leslie v. Roy Bolen, Superintendent, Junction City School District 75Court of Appeals for the Eighth Circuit · 1985
  3. Garnes v. Gulf & Western Manufacturing CompanyCourt of Appeals for the Eighth Circuit · 1986
  4. W.B. Farms v. Fremont National Bank And Trust CompanyCourt of Appeals for the Eighth Circuit · 1985

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