Legal Opinion
Johnson v. Clark
Court of Appeals for the Tenth Circuit
Decided May 29, 1975No. Nos. 74-1373, 74-1374PublishedCited by 10 opinions
1Opinion of the Court
DOYLE, Circuit Judge.
The main issue presented is whether the trustee of a creditors trust established pursuant to Chapter XII of the Bankruptcy Act is to be surcharged for substantial losses to the trust, which losses resulted from defalcations of the bookkeeper; the losses amounted to about $50,000 and occurred during a period starting in 1960 and continuing to 1969.
Appellee Clark was the trustee who hired Billingsley, the bookkeeper. The latter received all of the income of the trust and had absolute control over all expenditures. Notwithstanding that the embezzlements and the fraudulent…
2Cases cited13 opinions
- Mosser v. DarrowSupreme Court of the United States · 1951
- Kenin's Trust Estate (No. 1)Supreme Court of Pennsylvania · 1941
- Chisholm v. HouseCourt of Appeals for the Tenth Circuit · 1950
- Hartford National Bank & Trust Co. v. Malcolm-SmithSupreme Court of Connecticut · 1942
- Anco Mfg. & Supply Company, Inc. v. SwankSupreme Court of Oklahoma · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Sherr v. WinklerCourt of Appeals for the Tenth Circuit · 1977
- Tenneco Chemicals, Inc. v. William T. Burnett & Co., Inc., and Reeves Brothers, Inc.Court of Appeals for the Fourth Circuit · 1983
- Fleming Building Co., Inc. v. Northeastern Oklahoma Building and Construction Trades CouncilCourt of Appeals for the Tenth Circuit · 1976
- Matter of Happy Time Fashions, Inc.United States Bankruptcy Court, S.D. New York · 1980
5 more not listed; retrieve them via the Exa API.