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RHEINBERGER v. FIRST NATIONAL BANK OF SAINT PAUL

No. 40109.

150 N.W.2d 37 (1967)

Joseph A. RHEINBERGER, Admr. CTA of Estate of Mabel Byrnes Adams, Appellant, v. FIRST NATIONAL BANK OF SAINT PAUL, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 9, 1967.

Attorney(s) appearing for the Case

Gerald H. Hanratty, Harry H. Peterson, Minneapolis, for appellant.

Oppenheimer, Hodgson, Brown, Wolff & Leach, and David C. Donnelly and Richard H. Murray, St. Paul, for respondent.

OPINION

ROGOSHESKE, Justice.

The question presented on this appeal concerns the liability of a bank for failing to prevent a fiduciary from converting his principal's funds on deposit with the bank.

Apart from the issue as to whether the fiduciary forged the power of attorney given to him by his mother, the evidence is not conflicting and established these undisputed facts relevant to the issue of the bank's liability. Decedent, Mrs. Mabel Adams...

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