William Tackaberry Co. v. German State Bank
South Dakota Supreme Court
Appeal from Circuit Court, Beadle Count}''. Hon. John F. Hughes, Acting Judge. Action by the William Tacka'berry Company, against the German State Bank, and others, to recover value of merchandise sold, and to fix liability against defendant German State Bank as trustee, etc. From a judgment for plaintiff and from an order denying a new trial plaintiff appeals.
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Appeal from Circuit Court, Beadle Count}''. Hon. John F. Hughes, Acting Judge. Action by the William Tacka'berry Company, against the German State Bank, and others, to recover value of merchandise sold, and to fix liability against defendant German State Bank as trustee, etc. From a judgment for plaintiff and from an order denying a new trial plaintiff appeals. (1) To point ome of the opinion, Appellant cited: Squire v. Tellier, 185 Mass. 18; McDaniels v. Shoe Co., 30 Wash. 549; Walp v. Mooar, 76 Conn. 515; N.eas v. Borches, 109 Tenn. 398. Respondent cited: Off v. Moorhead, (111.) 85 N. E.…
1Opinion of the CourtWititin'G, J.
Plaintiff, a wholesale companv brought this action against the defendant Kettering, Buell, and Harper, a part*187ners'bip doing 'business under the name of Kettering & Co., to recover the amount owing from defendant company to plaintiff for goods. Plaintiff joined the German State Bank as a defendant, alleging that said bank was liable to account as trustee for certain trust property which came into' its possession. Plaintiff secured judgment by default against the partnership, but findings and conclusions were entered in favor of the defendant bank, upon which findings and conclusions judgment…
2Cases cited5 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- McDaniels v. J. J. Connelly Shoe Co.Washington Supreme Court · 1902
- Walp v. MooarSupreme Court of Connecticut · 1904
- Neas v. BorchesTennessee Supreme Court · 1902
- Appel Mercantile Co. v. BarkerNebraska Supreme Court · 1912
3Cited by3 opinions
- Butler Bros. v. MasonSouth Dakota Supreme Court · 1924
- Dakota Trust & Savings Bank of Sioux Falls v. HansonCourt of Appeals for the Eighth Circuit · 1925
- New First National Bank v. LightSouth Dakota Supreme Court · 1932