First National Bank v. Messner
North Dakota Supreme Court
Appeal from the District Court for Bottineau County, Burr, J. Action to recover damages caused by the alleged unauthorized act of plaintiff’s agents, defendants in this action. From an order overruling defendant’s demurrer to the complaint, defendants appeal. This is an appeal from an order overruling a demurrer to a complaint.
Read the full summary
Appeal from the District Court for Bottineau County, Burr, J. Action to recover damages caused by the alleged unauthorized act of plaintiff’s agents, defendants in this action. From an order overruling defendant’s demurrer to the complaint, defendants appeal. This is an appeal from an order overruling a demurrer to a complaint. The complaint, among other things, alleges that the plaintiff bank loaned money to the Westhope Land & Loan Company, which said loans were secured by real estate securities; that at the times mentioned, the defendant J. M. Messner was the cashier of the plaintiff bank,…
1Opinion of the CourtBruce, J.
(after stating the facts as above). It is unnecessary for us to consider the question of the authority of the bank to make real estate loans. Banks are more and more coming to be looked upon as quasi public institutions, and their solvency to be regarded as a matter of public interest. Actions which are brought by them to collect their loans and to realize upon their assets are, for this reason, looked upon as actions which are brought not merely for the benefit of the stockholders, but of the depositors, also. Such being the case, even though the officers of a national bank may make an ultra…
2Cases cited16 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Emerson v. NashWisconsin Supreme Court · 1905
- Franklin Co. v. Lewiston Institution for SavingsSupreme Judicial Court of Maine · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Oakes National Bank v. Farmers State BankNorth Dakota Supreme Court · 1924
- Phillips v. PhillipsNorth Dakota Supreme Court · 1925
- City of Williston v. LudoweseNorth Dakota Supreme Court · 1926
- Rhee v. L. K. Small Co.California Court of Appeal · 1927
- Williston v. LudoweseNorth Dakota Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.