United States Fidelity & Guaranty Co. v. Citizens State Bank
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Cavalier County, Cooley, J. Judgment for plaintiff. Defendant appeals. “Constructive trusts do not arise by agreement or from intention, but by operation of law; and fraud, actual or constructive, is tbeir essential element” 39 Cyc. 27,169, 379, 525, 528; German American Seminary v. Kiefer, 43 Midi. 105, 4 N. W. 636; Comp.
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Appeal from a judgment of tbe District Court of Cavalier County, Cooley, J. Judgment for plaintiff. Defendant appeals. “Constructive trusts do not arise by agreement or from intention, but by operation of law; and fraud, actual or constructive, is tbeir essential element” 39 Cyc. 27,169, 379, 525, 528; German American Seminary v. Kiefer, 43 Midi. 105, 4 N. W. 636; Comp. Laws 1913, § 6294. Tbe burden was on plaintiff to show tbe condition of Poppe’s account as guardian for tbe children, and to show that tbe disbursements were wrongful. Gray v. Farmers’ Exeb. Bank, 105 Cal. 60, 38 Pac. 519. In…
1Opinion of the CourtGrace, J.
This case is appealed from a judgment of the district court of Cavalier county, in favor of the plaintiff and against the defendant.
The complaint in the case is in effect as follows: That the plaintiff is a foreign corporation, licensed to do business in the state of North Dakota, and its business is that of furnishing surety bonds; that defendant is a banking corporation engaged in business at Langdon, North Dakota.
That F. W. Poppe was appointed guardian of Charles E'. Hommel, Izatta M. Hommel, Lee Roy Hommel, and Albert E. Hommel, minors, on January 26th, 1904, and of their estates, and on…
2Cases cited7 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- Gronna v. GoldammerNorth Dakota Supreme Court · 1913
- Fifth National Bank v. Village of Hyde ParkIllinois Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Maryland Casualty Co. v. GoughOhio Supreme Court · 1946
- Anacostia Bank v. United States Fidelity & Guaranty Co.Court of Appeals for the D.C. Circuit · 1941
- Christenson v. GrandyNorth Dakota Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.