Luikart v. Continental National Bank

Landis, District Judge.

Action by appellant, E.' H. Luikart, as receiver of Farmers & Merchants State Bank of Benkelman, Nebraska, against appellee, Continental National Bank of Lincoln, Nebraska, upon an account stated. A verdict was *599directed below in favor of defendant appellee; motion for new trial overruled, and the receiver appeals.

The record discloses appellant was appointed receiver November 9, 1931. On December 22, 1931, appellee was written to as follows: “We wish to close the account of the Farmers & Merchants State Bank, Benkelman, Nebraska. Please send us a draft or cashier’s check…