South Dakota v. Fiman

ELLIOTT, District Judge.

I have resolved the issues -in re State of South Dakota, plaintiff, v. Chas. F. Fiman, as receiver, ete., in favor of the plaintiff and against the defendant.

The plaintiff seeks by this action to establish a trust ex maleficio in rural credit moneys alleged to belong to the plaintiff, deposited by it in the National Bank of Commerce of Pierre, S. D., in excess of the limit fixed .by statute for such deposits. The defendant receiver in his answer admits, in substance, that the moneys of the plaintiff were deposited in the bank in violation of the provisions of the Rural…