GRAND ISLAND FINANCE CO. v. EACKER

No. 33110.

52 N.W.2d 805 (1952)

155 Neb. 546

GRAND ISLAND FINANCE CO. et al. v. EACKER.

Supreme Court of Nebraska.

April 4, 1952.


Attorney(s) appearing for the Case

Johnson & DesJardien, Broken Bow, for appellant.

E. F. Myers, Broken Bow, E. J. F. Myers, Ashley, N. D., for appellee.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

This case started as an action in replevin based on a promissory note secured by chattel mortgage. The security was not taken under the writ. The action proceeded as one for damages. Defendant pleaded by way of answer that the debt was void and uncollectible and that it had been paid. A jury was waived and trial had to the court, resulting in finding generally against the plaintiff and for the defendant, and that the debt had been satisfied...

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