Legal Opinion

Sherberg v. First Nat. Bank of Englewood

Supreme Court of Colorado

Decided September 18, 1950No. 16239PublishedCited by 19 opinions

1Opinion of the CourtJustice Hays

delivered' the opinion of the court.

This is an action brought by Sherberg against the bank to recover damages allegedly occasioned by setting off against the deposit of the Ray Essert Industries, Inc., a corporation, a débt due the bank from Ray Essert individually, which deposit was made with funds furnished by Sherberg for the specific purpose of completing the construction of his home. The trial court’s judgment of dismissal of the action is here for review.

The facts are that on or about July 1, 1947, Sherberg, plaintiff in error, entered into a contract with the Ray Essert Industries,…

2Cases cited9 opinions

  1. Sherts v. Fulton National BankSupreme Court of Pennsylvania · 1941
  2. Boettcher v. Colorado Nat. BankSupreme Court of Colorado · 1890
  3. Peoples State Bank v. Caterpillar Tractor Co.Indiana Supreme Court · 1938
  4. American Surety Co. v. De EscaladaArizona Supreme Court · 1936
  5. Cassedy v. Johnstown BankAppellate Division of the Supreme Court of the State of New York · 1936

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3Cited by19 opinions

  1. Mancuso v. United Bank of PuebloSupreme Court of Colorado · 1991
  2. United States v. Central Bank of DenverCourt of Appeals for the Tenth Circuit · 1988
  3. Spencer Companies v. Chase Manhattan Bank, N.A.District Court, D. Massachusetts · 1987
  4. Cox v. Metropolitan State Bank, Inc.Supreme Court of Colorado · 1959
  5. In Re McLean Industries, Inc.United States Bankruptcy Court, S.D. New York · 1988

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