G&M MOTOR CO. V. THOMPSON 567 P.2d 80 (1977) CASE BRIEF

G&M MOTOR CO. V. THOMPSON

567 P.2d 80 (1977)

NATURE OF THE CASE: G&M (P) and Thompson (D) sought review of a decision of the Court of Appeals (Oklahoma) affirming the trial court's impressment of a constructive trust on real and personal property, and modifying the trust on the proceeds of an insurance policy purchased by D's husband with funds embezzled from P.

FACTS: D was an accountant for P from January 1, 1968, until his death on August 2, 1970. During this period D embezzled $78,856.45 a portion of which was used to pay premiums on various insurance policies insuring the life of D. The trial court impressed a constructive trust upon various items of real and personal property and a portion of the insurance proceeds in possession of D's surviving wife, Shirley Thompson, and child. The Court of Appeals, affirmed the trial court's impressment of a constructive trust on the real and personal property, but modified the trust on insurance proceeds: only that part of the funds that the trial court found was used to pay for the payments of the policies while D was employed for P . . . . together with interest at the rate of 10% per annum from date of judgment . . . . until paid are subject to a constructive trust in favor of P.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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