Cappella v. Little (In Re Little)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that in a defalcation case, Plaintiff first has the burden of proving a fiduciary relationship, the burden then shifts to the trustee to establish that the assets received by him were actually used for the benefit of the intended beneficiary of the trust.
• Noting in dicta, that if defendant could show that he simply underestimated the cost of completing the project and that all funds received from the plaintiff were in fact spent on the project, then there would be no defalcation.
• “Thus, it is more accurate to say that the mere failure to account establishes loss.”

Source: CourtListener parenthetical corpus (CC0).