Alerus Financial, N.A. v. Western State Bank
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| 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
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
09/2007 Argument: 09/12/2007 04:01pm
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| ND cite: |
2008 ND 104
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| NW cite: |
750 N.W.2d 412
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 03/05/2007 | |
NOTICE OF APPEAL: 03/01/2007 |
| 2 | | 03/05/2007 | |
ORDER FOR TRANSCRIPT: 03/01/2007 |
| 3 | | 03/13/2007 | |
TRANSCRIPT DATED November 13, 2006 |
| 4 | | 03/13/2007 | |
DISK - TRA of 11-13-06 |
| 5 | | 03/30/2007 | |
RECORD ON APPEAL (2 volumes) and Separates 43 & 46 (Not rec'd: 51--tape) |
| 6 | | 04/20/2007 | |
APPELLANT BRIEF (PDF) |
| 7 | | 04/20/2007 | |
E-FILED BRIEF - ATB (PDF FORMAT) |
| 8 | | 04/20/2007 | |
APPELLANT APPENDIX |
| 9 | | 04/20/2007 | |
E-FILED APPENDIX (ATA) |
| 10 | | 04/25/2007 | |
Received $131 Surcharge for ATB & ATA (Receipt 17362) |
| 11 | | 04/27/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 12 | | 04/27/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 13 | | 05/16/2007 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 14 | | 05/16/2007 | |
ACTION BY CLERK (Appellee's extension of time). Granted: 06/01/2007 |
| 15 | | 05/18/2007 | |
APPELLEE BRIEF (A.G.Edwards & Sons) |
| 16 | | 05/18/2007 | |
E-FILED BRIEF (AEB/A.G. Edwards & Sons) |
| 17 | | 05/18/2007 | |
APPELLEE APPENDIX (A.G. Edwards & Sons) |
| 18 | | 05/18/2007 | |
E-FILED APPENDIX (AEA/A.G.Edwards & Sons) |
| 19 | | 05/21/2007 | |
Efiling surcharge of $25 received for A.G.Edward's AEB |
| 20 | | 05/23/2007 | |
Copies of AEB A.G.Edwards & Sons from Central Duplicating Services |
| 21 | | 06/01/2007 | |
APPELLEE BRIEF (Western State Bank) |
| 22 | | 06/01/2007 | |
E-FILED BRIEF (AEB/Western State Bank) |
| 23 | | 06/04/2007 | |
Received $25 surcharge for AEB-Western State Bank (Receipt #17563) |
| 24 | | 06/06/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 25 | | 06/15/2007 | |
REPLY BRIEF (e-filed) |
| 26 | | 06/15/2007 | |
E-FILED BRIEF (RYB) |
| 27 | | 06/19/2007 | |
Received 7 copies of RYB from Central Duplicating |
| 28 | | 09/12/2007 | |
APPEARANCES: Stephen F. Rufer; Roger J. Minch; Ronald H. McLean |
| 29 | | 09/12/2007 | |
ARGUED: Rufer; Minch; McLean |
| 30 | | 09/12/2007 | |
ORAL ARGUMENT WEBCAST |
| 31 | | 06/05/2008 | |
DISPOSITION (and REMANDED): AFFIRMED/PT, REVERSED/PT |
| 32 | | 06/05/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 33 | | 06/05/2008 | |
Costs on appeal taxed in favor of Appellee A.G. Edwards & Sons, Inc., against Appellants |
| 34 | | 06/06/2008 | |
Judgment e-mailed to Parties |
| 35 | | 06/30/2008 | |
MANDATE |
| 36 | | 07/02/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |