First National Bank of Omaha v. Omaha National Bank
Supreme Court of Nebraska
214 N.W.2d 483 (1974)
Omaha National Bank (ONB) (defendant), the tenant of a 50-year lease, stopped paying rent, taxes, and insurance on the rented premises, which the tenant was required to do under the terms of the lease. The lease did not contain an acceleration clause. First National Bank of Omaha (FNBO) (plaintiff), the landlord, sued. FNBO was awarded money damages that had accrued up to the date of the judgment. ONB continued to withhold payment, and a few months later, FNBO sued again to recover damages incurred since the original judgment. The trial court entered judgment for the newly accrued damages, retained jurisdiction over the matter, and held that the court’s judgment “shall mature and become effective as to each unmatured installment of rent, taxes and insurance on the day after said installment or payments are due and execution may then issue at the instance of the [landlord] to satisfy the same.” ONB appealed, arguing that the trial court lacked jurisdiction to enter a judgment for future sums that a tenant will owe to a landlord.
Rule of Law
Holding and Reasoning (McCown, J.)
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