Nebraska Nat. Bank of Omaha v. Parsons, No. 24915.

CourtSupreme Court of Nebraska
Writing for the CourtROSE
Citation115 Neb. 770,215 N.W. 102
Docket NumberNo. 24915.
Decision Date16 July 1927
PartiesNEBRASKA NAT. BANK OF OMAHA ET AL. v. PARSONS ET AL.

115 Neb. 770
215 N.W. 102

NEBRASKA NAT. BANK OF OMAHA ET AL.
v.
PARSONS ET AL.

No. 24915.

Supreme Court of Nebraska.

July 16, 1927.



Syllabus by the Court.

An action on a joint guaranty for the payment of discounted notes is transitory and may be brought in any county wherein the defendants reside or wherein one of them may be summoned. Comp. St. 1922, §§ 8563, 8570.

Where one of several joint guarantors is properly sued and summoned in a county other than that of his residence, summons for the other guarantors may, in the same action, be issued to and served in another county wherein they reside. Comp. St. 1922, §§ 8563, 8570.

In a transitory action a defendant, in absence of fraud or collusion, is not necessarily immune from service of summons in a county other than that of his residence, while waiting at a railroad station for a train on his way home from another state.

In an action at law a finding of the trial court on an issue of fact has the same effect as the verdict of a jury, if the parties waived a jury.

The extending of credit pursuant to, and in reliance upon, a duly executed guaranty for the payment of discounted notes may be sufficient consideration for the making of the guaranty.

The contracting of a corporate indebtedness in excess of a statutory limit does not necessarily invalidate the contract in absence of invalidating legislation.

Guaranty for payment of discounted notes, copied in opinion, held to include renewals and existing transactions.


Appeal from District Court, Douglas County; Troup, Judge.

Action by the Nebraska National Bank of Omaha, Fred W. Clark, liquidating agent, against Con Parsons and others. From a judgment for plaintiffs, defendants separately appeal. Affirmed.

[215 N.W. 102]

Allen G. Fisher and Samuel L. O'Brien, both of Chadron, and A. L. Schnurr, of Harrison, for appellants.

Morsman, Maxwell & Haggart, of Omaha, for appellees.


Heard before ROSE, DAY, GOOD, THOMPSON, and EBERLY, JJ.

ROSE, J.

This is an action on a guaranty to recover the amount due on 19 promissory notes aggregating $142,455. The plaintiffs are the Nebraska National Bank of Omaha and its liquidating agent, Fred W. Clark. Defendants are the following named guarantors: Con Parsons, A. L. Schnurr, W. L. Hoyt and Theo Okerblade. The notes were sold to and discounted by the Nebraska National Bank of Omaha, plaintiff by the First National Bank of Harrison, Nebraska, the Harrison Real Estate & Loan Company and A. L. Schnurr. The latter was president of the two corporations transacting business at Harrison. A copy of the guaranty follows:

“Know all men by these presents: That I, the undersigned, a stockholder or otherwise interested in the First National Bank of Harrison, Nebraska, hereinafter called ‘First National Bank,’ a banking corporation; the Harrison Real Estate & Loan Company, hereinafter called the ‘Company’; and A. L. Schnurr, do hereby request the Nebraska National Bank of Omaha, Nebraska, hereinafter called ‘Nebraska National Bank,’ to give and continue to give, from time to time as the said Nebraska National Bank may see fit, financial accommodations and credit to said First National Bank, said Company or said A. L. Schnurr; and in consideration of the sum of one dollar to me in hand paid, receipt of which is hereby acknowledged, and of financial accommodations heretofore given or which may hereafter be given by said Nebraska National Bank to said First National Bank, said Company or said A. L. Schnurr, I do hereby guarantee, and promise and agree to make prompt payment to said Nebraska National Bank, as they severally mature, all overdrafts of said First National Bank, said Company or said A. L. Schnurr, all loans made or which may be made by it to said First National Bank, said company or said A. L. Schnurr, all moneys by it paid for the use and account of said First National Bank, said Company or said A. L. Schnurr, and all...

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7 practice notes
  • Brownell v. Adams, No. 27682.
    • United States
    • Nebraska Supreme Court
    • 29 May 1931
    ...jointly liable, summons for one may be sent to another county from the one in which the suit is instituted. Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N. W. 102;First State Bank v. Ingrum, 107 Neb. 468, 186 N. W. 334;Barry v. Wachosky, 57 Neb. 534, 77 N. W. 1080;Farmers' & Merchants' ......
  • Grand Island Fin. Co. v. Fowler, No. 28453.
    • United States
    • Supreme Court of Nebraska
    • 10 March 1933
    ...Neb. 769, 238 N. W. 529, 78 A. L. R. 694;National Cash Register Co. v. Chipman, 122 Neb. 866, 238 N. W. 769;Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N. W. 102. We have further held that in an action at law, tried to the court without a jury, where there is sufficient evidence in sup......
  • Drainage Dist. No. 2 of Dawson Cnty. v. Dawson Cnty. Irr. Co., No. 31291.
    • United States
    • Supreme Court of Nebraska
    • 6 February 1942
    ...obligations, unless the statute so declares, and legislation to that effect has not been pointed out.” Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N.W. 102, 104. “The violation of law in this respect does not avoid the transaction.” Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 ......
  • Muller v. Harms, No. 26156.
    • United States
    • Supreme Court of Nebraska
    • 28 November 1928
    ...106 Neb. 129, 183 N. W. 100;Simmons v. Farmers' Union Co-operative Ass'n, 114 Neb. 463, 208 N. W. 144;Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N. W. 102. At most the statute made the lease voidable upon a timely exercise of a right to declare it void. Under the statute heirs and dev......
  • Request a trial to view additional results
7 cases
  • Brownell v. Adams, No. 27682.
    • United States
    • Nebraska Supreme Court
    • 29 May 1931
    ...jointly liable, summons for one may be sent to another county from the one in which the suit is instituted. Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N. W. 102;First State Bank v. Ingrum, 107 Neb. 468, 186 N. W. 334;Barry v. Wachosky, 57 Neb. 534, 77 N. W. 1080;Farmers' & Merchants' ......
  • Grand Island Fin. Co. v. Fowler, No. 28453.
    • United States
    • Supreme Court of Nebraska
    • 10 March 1933
    ...Neb. 769, 238 N. W. 529, 78 A. L. R. 694;National Cash Register Co. v. Chipman, 122 Neb. 866, 238 N. W. 769;Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N. W. 102. We have further held that in an action at law, tried to the court without a jury, where there is sufficient evidence in sup......
  • Drainage Dist. No. 2 of Dawson Cnty. v. Dawson Cnty. Irr. Co., No. 31291.
    • United States
    • Supreme Court of Nebraska
    • 6 February 1942
    ...obligations, unless the statute so declares, and legislation to that effect has not been pointed out.” Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N.W. 102, 104. “The violation of law in this respect does not avoid the transaction.” Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 ......
  • Muller v. Harms, No. 26156.
    • United States
    • Supreme Court of Nebraska
    • 28 November 1928
    ...106 Neb. 129, 183 N. W. 100;Simmons v. Farmers' Union Co-operative Ass'n, 114 Neb. 463, 208 N. W. 144;Nebraska Nat. Bank v. Parsons, 115 Neb. 770, 215 N. W. 102. At most the statute made the lease voidable upon a timely exercise of a right to declare it void. Under the statute heirs and dev......
  • Request a trial to view additional results

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