Alerus Financial, N.A., et al. v. Western State Bank, et al.
Docket No. 20070066
Oral Argument:
Wednesday, September 12, 2007 4:00 PM
Docket Info
- Title
- 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 - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 06-C-01174
East Central Judicial District, Cass County
Georgia Dawson
2008 ND 104750 N.W.2d 412
Oral Argument
9/12/2007
Highlight
In construing a trust agreement, the court's primary objective is to ascertain the settlor's intent.
A power of attorney is an instrument in writing authorizing another to act as one's agent, and the agent holding the power of attorney is the attorney-in-fact.
An agency relationship involves both a contractual and a fiduciary relationship, and the interpretation of an agent's authority is governed by the rules for construing contracts, except to the extent the fiduciary relationship requires a different rule.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 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) | View |
| 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) | View |
| 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) | View |
| 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) | View |
| 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) | |
| 32 | 06/05/2008 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 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 | |
| 37 | 10/30/2017 | EXPUNGED - Nonpermanent record items destroyed |