Home/Nebraska Supreme Court/Luikart v. Massachusetts Bonding & Insurance

Luikart v. Massachusetts Bonding & Insurance

263 N.W. 124, 129 Neb. 771, 1935 Neb. LEXIS 262
Nebraska Supreme Court·Decided October 29, 1935·No. Nos. 29314-29321·Published·Cited by 7 cases

Opinion

Eberly, J.

Eight cases in which E. H. Luikart appears as receiver, plaintiff, and the Massachusetts Bonding and Insurance Company, as defendant, were by stipulation of parties argued and presented to this court as one cause. While the [773]*773transactions involved are not identical, they involve facts of similar legal import. All result from a particular course of business observed by Robert Z. Drake, which each transaction in litigation discloses as substantially identical. A careful consideration of the records, the briefs and arguments of the parties impels us to the view that in each case the judgment of the trial court is to be affirmed. The reasons for these conclusions we will proceed to state, with special reference to case No. 29314 for convenience. The language employed applies to each of the other cases, which likewise will be ruled by the conclusions herein stated.

The plaintiff alleges, as his cause of action, ownership by purchase, for a valuable consideration, of a written instrument consisting of four parts, viz.: A certificate, a draft, an acceptance indorsed on the face of the draft, and a bond. The following is a true copy of this instrument, together with indorsements on each part thereof:

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Luikart v. Massachusetts Bonding & Insurance, 263 N.W. 124, 129 Neb. 771, 1935 Neb. LEXIS 262 (Neb. 1935).

263 N.W. 124 (Luikart v. Massachusetts Bonding & Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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