Alerus Financial, N.A. v. Western State Bank

20070066 Alerus Financial, N.A., and
S. Luther Simonson, as Trustees of the
Robert F. Fritz Living Trust, Plaintiffs and Appellants
v.
Western State Bank and
A.G. Edwards & Sons, Inc.,
corporations, Defendants and Appellees

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Contracts
Counsel:
Appellant: Pemberton, Sorlie, Rufer & Kershner, P.L.L.P.
Appellee: Roger James Minch
Appellee: Ronald H. McLean
Appellee: Jane L. Dynes
Term: 09/2007   Argument: 09/12/2007  4:01pm
ND cite: 2008 ND 104
NW cite: 750 N.W.2d 412

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err in determining that no banking relationship existed between the Robert F. Living Trust and Western State Bank?
Did the district court err as a matter of law in determining that Gifford was acting purusant to a power of attorney when signing checks with the caption Robert F. Fritz, Dale Gifford as Trustee and pledging trust assests to Western State Bank?
Did the district court err as a matter of law in determining that Gifford was acting pursuant to a power of attorney when requesting trust fund disbursements from A.G. Edwards?
Even assuming that Gifford had been acting as attorney-in-fact, Defendants still would have had no authrotiy to act as they did.
Should North Dakota adopt a cause of action for a participation in the breach of trust pursuant to Reinstatement 2nd of Trust, Section 324?

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Docket entries:
103/05/2007 NOTICE OF APPEAL: 03/01/2007
203/05/2007 ORDER FOR TRANSCRIPT: 03/01/2007
303/13/2007 TRANSCRIPT DATED November 13, 2006
403/13/2007 DISK - TRA of 11-13-06
503/30/2007 RECORD ON APPEAL (2 volumes) and Separates 43 & 46 (Not rec'd: 51--tape)
604/20/2007 APPELLANT BRIEF (PDF)
704/20/2007 E-FILED BRIEF - ATB (PDF FORMAT)
804/20/2007 APPELLANT APPENDIX
904/20/2007 E-FILED APPENDIX (ATA)
1004/25/2007 Received $131 Surcharge for ATB & ATA (Receipt 17362)
1104/27/2007 Received 7 copies of ATB from Central Duplicating
1204/27/2007 Received 6 copies of ATA from Central Duplicating
1305/16/2007 MOT. EXT/TIME APPELLEE BRIEF
1405/16/2007 ACTION BY CLERK (Appellee's extension of time). Granted: 06/01/2007
1505/18/2007 APPELLEE BRIEF (A.G.Edwards & Sons)
1605/18/2007 E-FILED BRIEF (AEB/A.G. Edwards & Sons)
1705/18/2007 APPELLEE APPENDIX (A.G. Edwards & Sons)
1805/18/2007 E-FILED APPENDIX (AEA/A.G.Edwards & Sons)
1905/21/2007 Efiling surcharge of $25 received for A.G.Edward's AEB
2005/23/2007 Copies of AEB A.G.Edwards & Sons from Central Duplicating Services
2106/01/2007 APPELLEE BRIEF (Western State Bank)
2206/01/2007 E-FILED BRIEF (AEB/Western State Bank)
2306/04/2007 Received $25 surcharge for AEB-Western State Bank (Receipt #17563)
2406/06/2007 Received 7 copies of AEB from Central Duplicating.
2506/15/2007 REPLY BRIEF (e-filed)
2606/15/2007 E-FILED BRIEF (RYB)
2706/19/2007 Received 7 copies of RYB from Central Duplicating
2809/12/2007 APPEARANCES: Stephen F. Rufer; Roger J. Minch; Ronald H. McLean
2909/12/2007 ARGUED: Rufer; Minch; McLean
3009/12/2007 ORAL ARGUMENT WEBCAST
3106/05/2008 DISPOSITION (and REMANDED): AFFIRMED/PT, REVERSED/PT
3206/05/2008 UNANIMOUS OPINION: Crothers, Daniel John
3306/05/2008 Costs on appeal taxed in favor of Appellee A.G. Edwards & Sons, Inc., against Appellants
3406/06/2008 Judgment e-mailed to Parties
3506/30/2008 MANDATE
3607/02/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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