Ryan

Bank of America National Trust & Savings Ass'n v. Ryan

Good Law
1962 Cal. App. LEXIS 1958·207 Cal. App. 2d 698·24 Cal. Rptr. 739
Court of Appeal of CaliforniaSeptember 19, 1962Civ. 25829California8,211 words

Opinion

Opinion

Fox, J.

Plaintiff bank brought this suit to impose a constructive trust upon certain assets standing in the name of the Ryans and for an accounting. Plaintiff alleges, in effect, that during the time defendant John A. Ryan was an officer of plaintiff bank he ocenpied a confidential and fiduciary relationship with and to the bank and that he violated the duty thus imposed; that he was guilty of fraudulent conduct; and that he was part of a conspiracy with his wife and others to defraud plaintiff. In sum, the bank charges that as a trusted official Ryan induced numerous borrowers from the bank to pay him fees, commissions, gratuities and gifts of substantial value for inducing the bank to approve their applications for loans and for persuading the bank to make the loans in question to such borrowers; and that in other transactions defendant used and personally profited by information that was available to him by reason of his position with and relationship to the bank. The defendants have appealed from an adverse judgment.

In view of some of the arguments that are made, it is important to have a comprehensive and accurate picture of defendant’s various positions and responsibilities with…

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