Emerado Farmers Elevator Co. v. Farmers Bank
North Dakota Supreme Court
'Appeal from District Court, Grand Forks county; C. F. Temple-ton, J. . ■ Action by Emerado Farmers Elevator Company against The Farmers Bank of Emerado, to recover a balance alleged to have been received by it upon deposit. Plaintiff had judgment, and defendant appeals.
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'Appeal from District Court, Grand Forks county; C. F. Temple-ton, J. . ■ Action by Emerado Farmers Elevator Company against The Farmers Bank of Emerado, to recover a balance alleged to have been received by it upon deposit. Plaintiff had judgment, and defendant appeals. When an agent has been guilty of fraud for his own benefit by which he intended to and did defraud his principal, and possibly others, and the perpetration necessarily involved concealment from his principal, the latter is not chargeable with constructive notice of facts so concealed. 2 Pom. Eq. Jur. § 675; United Secur. L.…
1Opinion of the CourtEllsworth, J.
The complaint in the action in which this appeal is taken alleges that respondent, who is a corporation engaged in the grain elevator business at the village of Emerado, North Dakota, had carried for two years and more prior to the beginning of the action, an open account on deposit with appellant, which was, during that period, engaged in a general banking business at the same place; that during said period appellant had paid out for respondent on checks drawn on its said account portions of its moneys, and that at the beginning of the action there still remained to respondent’s credit the…
2Cases cited5 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- First National Bank v. Town of New MilfordSupreme Court of Connecticut · 1869
- Niblack v. CoslerU.S. Circuit Court for the District of Southern Ohio · 1896
3Cited by22 opinions
- Dewey v. LetzNorth Dakota Supreme Court · 1990
- American Bank Center v. WiestNorth Dakota Supreme Court · 2010
- Knobley Mountain Orchard Co. v. Peoples Bank of KeyserWest Virginia Supreme Court · 1925
- Maryland Casualty Co. v. Tulsa Industrial Loan & Investment Co.Court of Appeals for the Tenth Circuit · 1936
- Grebe v. SwordsNorth Dakota Supreme Court · 1914
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