Koberg v. Jones

Murphy, Justice.

This is an appeal from an order of the district court denying a motion for a new trial. The issue presented is whether a fiduciary relationship between the parties entitles respondents to set off against their indebtedness to an insolvent decedent’s estate the amount of decedent’s indebtedness to a third party which was assigned to respondents after death.

Appellant, Ben J. Jones, is the representative of the estate of H. E. Glaeser who, for many years prior to his death on May 29, 1962, was president and principal managing officer of the First National Bank of Good Thunder,…