- 29 - See Ashland State Bank v. Elkhorn Racquetball, Inc., 520 N.W.2d 189, 194 (Neb. 1994); Marvin E. Jewell & Co. v. Thomas, 434 N.W.2d 532, 534 (Neb. 1989). A party claiming accommodation party status under Nebraska law bears the burden of proving its right to that status. See Rule 142(a); Marvin E. Jewell & Co. v. Thomas, supra at 536. 1. FirsTier Note Neb. Rev. Stat. U.C.C. section 3-419(a) and its predecessor require that both the accommodated party and the accommodation party be parties to the instrument. We are aware of no cases that have held otherwise. The Court of Appeals for the Eighth Circuit, to which an appeal in this case would lie, has addressed specifically the elements necessary to qualify as an accommodation party under former Neb. Rev. Stat. section 3-415(1). See Pioneer Ins. Co. v. Gelt, 558 F.2d 1303, 1310-1311 (8th Cir. 1977). In Pioneer Ins. Co., suit was instituted by Pioneer Insurance Co. (Pioneer) against Harry Gelt to recover on a promissory note. At the request of a personal friend, Roger Sack, Gelt agreed to act as the ostensible buyer of an investment corporation so that Sack could avoid having to obtain the Securities and Exchange Commission’s approval of the purchase. Sack assured Gelt that Gelt would be held harmless in connection with the overall transaction and that he would not be exposed to any financialPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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