Legal Opinion

Fagerberg v. Phoenix Flour Mills Co.

Arizona Supreme Court

Decided September 27, 1937No. Civil No. 3829PublishedCited by 33 opinions

1Opinion of the CourtLockwood, J.

Phoenix Flour Mills Company, a corporation, hereinafter called plaintiff, brought suit against Dixon Fagerberg, hereinafter called defendant, for the sum of $55,090.28. The action was based upon the theory that defendant, J. T. Melczer, and R. C. Blair were at the times- mentioned in the complaint directors of plaintiff corporation, and that they, conspiring and confederating together, used certain funds belonging to it, without its authority, to speculate in wheat on the stock market, and that by reason of such diversion and unauthorized use of these funds the plaintiff has lost $110,180.57,…

2Cases cited3 opinions

  1. Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
  2. Brooks v. NeerArizona Supreme Court · 1935
  3. Garrett v. Reid-Cashion Land & Cattle CompanyArizona Supreme Court · 1928

3Cited by33 opinions

  1. McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
  2. Tovrea Land and Cattle Company v. LinsenmeyerArizona Supreme Court · 1966
  3. Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
  4. Employer's Liability Assurance Corporation v. LuntArizona Supreme Court · 1957
  5. Globe Indemnity Co. v. BlomfieldCourt of Appeals of Arizona · 1977

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