Legal Opinion

Keith v. First National Bank

North Dakota Supreme Court

Decided April 16, 1917PublishedCited by 7 opinions

Appeal from tbe District Court of Hettinger County, W. C. Crawford, J. An officer of a bank bas a right to transact bis own business at tbe bank of wbicb be is an officer, and in sucb a transaction bis interest is adverse to tbe bank, and be represents bimself, and not tbe bank. 3 It. ■ O. L. 478, and eases cited; Burrill v. Whitcomb, 100 Me. 286, 1 L.R.A. (N. S.) 451, 109 Am. St. Hep. 499, 61 Atl. 678, and cases cited.

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Appeal from tbe District Court of Hettinger County, W. C. Crawford, J. An officer of a bank bas a right to transact bis own business at tbe bank of wbicb be is an officer, and in sucb a transaction bis interest is adverse to tbe bank, and be represents bimself, and not tbe bank. 3 It. ■ O. L. 478, and eases cited; Burrill v. Whitcomb, 100 Me. 286, 1 L.R.A. (N. S.) 451, 109 Am. St. Hep. 499, 61 Atl. 678, and cases cited. Tbe cashier of a bank is its chief officer, tbe executive of tbe bank, tbe business officer or bead of tbe bank. He does not regulate it nor control it. Morse Bkg. 4th ed. §…

1Opinion of the CourtGrace, J.

This case is an appeal from a judgment of the district, court of Hettinger county, and an appeal from an order of the said court denying the motion of the defendant notwithstanding the verdict, or, in. the alternative, a new trial.

The plaintiff, in his complaint, in substance, states that defendant is a banking corporation under the laws of the United States of America. That the plaintiff deposited with defendant an assignment of contract, for the purchase of the southwest quarter of section 23, in Township 135,. north of Range 97, at the same time deposited a warranty deed for- said land,…

2Cases cited6 opinions

  1. Citizens Nat. Bank of Roswell v. DavissonSupreme Court of the United States · 1913
  2. Triggs v. JonesSupreme Court of Minnesota · 1891
  3. Thomas v. City National BankNebraska Supreme Court · 1894
  4. McLain v. NurnbergNorth Dakota Supreme Court · 1907
  5. Thornhill v. OlsonNorth Dakota Supreme Court · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Eberle v. EberleNorth Dakota Supreme Court · 2010
  2. Work v. County National Bank & Trust Co.California Supreme Court · 1935
  3. Allen v. Allen Title CompanyNew Mexico Supreme Court · 1967
  4. Muenz v. Bank of BowdleSouth Dakota Supreme Court · 1924
  5. Griffin v. GayAppellate Court of Illinois · 1921

2 more not listed; retrieve them via the Exa API.

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