TRANSAMER. INS. CO. v. UNITED STATES NAT'L BANK


558 P.2d 328 (1976)

276 Or. 945

TRANSAMERICA INSURANCE COMPANY, a California Corporation, and Lane County Escrow Service, Inc., an Oregon Corporation, Respondents/Cross-Appellants, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Appellant/Cross-Respondent.

Supreme Court of Oregon.

Decided December 16, 1976.


Attorney(s) appearing for the Case

William M. McAllister, Portland, argued the cause for appellant. With him on the briefs were Richard M. Botteri and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Sidney E. Thwing of Thwing, Atherly & Butler, Eugene, argued the cause for respondent Lane County Escrow Service, Inc. With him on the briefs were Walter J. Cosgrave and Cosgrave & Kester, Portland.

Walter J. Cosgrave of Cosgrave & Kester, Portland, argued the cause for respondent Transamerica Insurance Company. With him on the briefs were Sidney E. Thwing and Thwing, Atherly & Butler, Eugene.

Before DENECKE, P.J., and HOLMAN, TONGUE, HOWELL, and BRYSON, JJ.


BRYSON, Justice.

Plaintiff,1 depositor, brought this action against defendant, drawee bank, to recover $385,839. Judgment was entered in favor of plaintiff on a jury's verdict in the amount of $245,002.09. Defendant appeals and the plaintiff, being dissatisfied with the amount of the verdict, also appeals.

Plaintiff alleges that defendant "wrongfully" transferred funds from plaintiff's...

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