trustee of a trust. 7 . While Bainbridge focused on whether an express trust had been pled, its holding also implicitly precluded the possibility that a statutory trust had been pled. Bainbridge affirmed the lower court’s order sustaining Stoner's demurrer based on the conclusion that plaintiffs complaint had alleged a cause of action for constructive trust, and that the limitations period for bringing an action based on a constructive trust had run before the filing of the complaint. Id. at 429, 106 P.2d 423. If a statutory trust had been sufficiently pled, the Bainbridge court presumably could not have affirmed the order on the demurrer based on the running of the constructive trust limitations period. 8 . Fanners' & Merchants' Bank of Los Angeles v. Downey, 53 Cal. 466, 468 (1879) (<HOLDING>); Interactive Multimedia Artists, Inc. v.
holding that a real estate partnership involved commerce within the meaning of the act where the real estate at issue was located in texas and the partners lived in illinois maintained a bank account in illinois and borrowed money from an illinois bank holding that bank was equitably estopped from recovering against stock broker for conversion of stock certificates that were assigned in blank and that broker had sold for a bank employee who misappropriated the stock certificates from the bank holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation holding a bank liable where a bank officer held checks that were intended to pay the irs for withheld taxes