Suit may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.
§ 25-21,138.Dissolved corporation; trustees; bond, action upon.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets anyone injured by a trustee’s negligence or wrongful act in handling a dissolved corporation’s affairs bring suit on the bond the trustee posted under the preceding section.
Full Text of § 25-21,138
Source
R.S.1867, Code § 721, p. 519; R.S.1913, § 8345; C.S.1922, § 9297; C.S.1929, § 20-21,129; R.S.1943, § 25-21,138.
Plain-English Summary
A bond is only useful if someone can collect on it. Section 25-21,138 supplies that mechanism for the trustees’ bond required by Section 25-21,137. Suit may be brought on the bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.
The right to sue belongs to "any person injured," a category broad enough to include creditors, stockholders, or others harmed by a trustee’s mishandling of the winding-up process, not just the corporation itself. That breadth gives real weight to the faithful-discharge condition attached to the bond: a trustee who cuts corners or acts against the interests of those relying on the winding-up process faces direct financial exposure to whoever the misconduct harms.
Frequently Asked Questions
Who can sue on a trustee’s bond under this section?
Any person injured by the negligence or wrongful act of the trustees in discharging their duties.
What kind of trustee conduct exposes the bond to suit?
Negligence or a wrongful act committed in the discharge of the trustees’ duties in winding up the dissolved corporation.
Does only the corporation have standing to sue on the bond?
No. The statute allows suit by any injured person, which can include creditors or stockholders harmed by the trustees’ conduct.
How does this section relate to Section 25-21,137?
Section 25-21,137 requires the trustees to post the bond; Section 25-21,138 gives injured parties a way to recover against it.
What must a plaintiff show to recover on the bond?
That the trustees’ negligence or wrongful act in discharging their duties caused injury to the plaintiff.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: suing on a trustee bond nebraskatrustee negligence or wrongful actaction on a corporate trustee bondinjured party trustee misconductrecovering against a dissolution bond