Nebraska National Bank v. Johnson
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Walton, J. The opinion contains a statement of the case. Johnson did not sustain a fiduciary relation to the bank in any sense contemplated in the doctrine of trusts. (Central Nat. Banlc v. Connecticut Mutual Ins. Co., 104 U. S., 70; Dillon v. Connecticut Mutual Ins.
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Appeal from the district court of Douglas county. Heard below before Walton, J. The opinion contains a statement of the case. Johnson did not sustain a fiduciary relation to the bank in any sense contemplated in the doctrine of trusts. (Central Nat. Banlc v. Connecticut Mutual Ins. Co., 104 U. S., 70; Dillon v. Connecticut Mutual Ins. Co., 44 Md., 386.) •The proof wholly fails to show that Johnson stole the gold, or that he purchased the real estate in question with gold, except as to a small proportion of it, and as a question of law, even if he had stolen the gold and purchased the property…
1Opinion of the CourtPost, C. J.
This was an action in the district court for Douglas county, whereby it was sought to impress with a trust in favor of the plaintiff, the Nebraska National Bank, certain property, tó-wit, lots 8 and 4 of block 3, Willis Park Place Addition to the city of Omaha, the legal title of which was held by the defendant, Brooks R. Johnson. The cause of action alleged is, in substance, that the defendant above named was, during the month of August, 1890, and for a long time prior thereto, in the employ of the plaintiff bank, his duties being, for a fixed compensation, to sweep the bank’s offices, to…
2Cases cited6 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- Monaghan v. Agricultural Fire InsuranceMichigan Supreme Court · 1884
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Tecumseh National Bank v. RussellNebraska Supreme Court · 1897
- Thoreson v. Northwestern National InsuranceSupreme Court of Minnesota · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Truelsch v. MillerWisconsin Supreme Court · 1925
- Clasen v. Pruhs ex rel. PruhsNebraska Supreme Court · 1903
- Shearer v. BarnesSupreme Court of Minnesota · 1912
- First National Bank in Sioux City v. Dahlquist (In Re Dahlquist)United States Bankruptcy Court, D. South Dakota · 1983
- Pioneer Mining Co. v. TybergCourt of Appeals for the Ninth Circuit · 1914
8 more not listed; retrieve them via the Exa API.