Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Heritage Bank v. Bruha

Supreme Court of Nebraska
812 N.W.2d 260 (2012)


Bruha (defendant) signed a promissory note in favor of Sherman County Bank (Sherman) in exchange for a line of credit. The note stated that Bruha would pay $75,000 “or so much as may be outstanding.” The note also stated that it “evidence[d] a revolving line of credit,” meaning that Bruha could request up to $75,000. Sherman failed, and the Federal Deposit Insurance Corporation (FDIC) was appointed as the bank’s receiver. Heritage Bank (Heritage) (plaintiff) purchased Bruha’s promissory note from the FDIC. Heritage brought suit against Bruha to enforce the note. Bruha argued that Heritage was not a holder in due course of the note. Bruha also argued that Sherman fraudulently induced him into borrowing the funds for risky investments by understating potential losses and misinforming him on the potential benefits of leaving funds in his trading account. The district court found that Heritage was not a holder in due course but rejected Bruha’s fraud-in-the-inducement defense. The court granted summary judgment to Heritage as an assignee of FDIC. Bruha appealed.

Rule of Law


Holding and Reasoning (Connolly, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 508,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 508,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial