Coeur D'Alene Mining Co. v. First National Bank

BOYLE, Justice,

specially concurring.

I concur in the majority opinion and write only to clearly state the basis of my concurrence. A review of the record demonstrates that Aubert enjoyed a relationship with the manager of FNB who never inquired or confirmed Aubert’s claimed additional fiduciary authority. I am of the opinion that such inquiry and confirmation is a necessary step required under the applicable statutes and general principles of agency law. It would have been a simple matter for FNB to confirm Aubert’s claim *826to increased powers and authorities but it failed to do so.

As pointed…