Lane County Escrow Service, Inc. v. Smith

Plaintiff 1 brought this suit to obtain restitution of funds, or their traceable proceeds, defalcated from its bank trust account by defendants Smith and Coe. Plaintiff also seeks an accounting, the establishment of a constructive trust, and other equitable relief. The trial court granted a decree in favor of plaintiff. Only defendant Coe appeals.

This suit arises out of the same wrongful taking of trust funds as described in Transamerica Ins. Co. v. U. S. Nat’l Bank, 276 Or 945, 558 P2d 328 (1976). The background facts are set forth therein and are not repeated here.

The trial court made and…