Jansen v. Tyler

Former opinion modified and petition for rehearing denied September 24, 1935

On Petition for Rehearing

(49 P. (2d) 372)

BEAN, J.

Respondents filed a petition for rehearing ; appellant submits a motion to modify the opinion, which is in the nature of a petition for rehearing. It seems to be unquestioned that William Anson Tyler, deceased, while president of the Municipal Reserve and Bond Company, held a fiduciary position. It is admitted that he paid the first three premiums on the two policies of insurance in question with the funds of the corporation.

Respondents contend, with considerable zeal,…