Legal Opinion · Dissent

Department of Banking v. Colburn

Nebraska Supreme Court

Decided May 26, 1972No. 38116Published

1DissentClinton, J.

I respectfully dissent. The record I believe discloses that the defendant Colburn, as a director of the bank, exercised not the slightest degree of care to prevent or detect defalcations such as here occurred. The record shows that from the time he first became a director he abdicated completely his responsibilities as such and left the entire, complete, and absolute control of the bank in the hands of the bank manager. He did not in all those years even suggest a director’s audit with independent random verification of accounts and loans. He did not suggest any of the internal controls which…

2Cases cited7 opinions

  1. Lippitt v. AshleySupreme Court of Connecticut · 1915
  2. Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1938
  3. Bank of Commerce v. GoolsbySupreme Court of Arkansas · 1917
  4. Gibbons v. AndersonU.S. Circuit Court for the District of Western Michigan · 1897
  5. Gamble v. BrownCourt of Appeals for the Fourth Circuit · 1928

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