Legal Opinion · Dissent

Powell v. Farmers State Bank

Nebraska Supreme Court

Decided April 5, 1957No. 34109Published

1DissentWenke, J.

I dissent from the holding of the majority of the court that the “Certificate of Deposit” No. 4624, issued by The Farmers State Bank, Aurora, Nebraska, on December 5, 1919, is barred by the statute of limitations.

The certificate is as follows:

“THE FARMERS STATE BANK $ 700.00

AURORA, NEBRASKA, 12/5/1919 No. 4624 George Starkey has deposited in this Bank

seven Hundred Dollars only only only Dollars,

payable to the order of himself

on the return of this Certificate properly endorsed. 6 or 12 months after date with interest at the rate of 4 percent per annum for the time specified only.

George Wanek…

2Cases cited8 opinions

  1. Kirkwood v. First National BankNebraska Supreme Court · 1894
  2. Sharp v. Citizens BankNebraska Supreme Court · 1904
  3. People's State Bank v. SmithNebraska Supreme Court · 1930
  4. Flory v. Supreme Tribe of Ben HurNebraska Supreme Court · 1915
  5. First National Bank v. Security National BankNebraska Supreme Court · 1892

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