Plymouth County Bank v. Gilman
South Dakota Supreme Court
■ Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action upon, promissory note. Prom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The facts are stated in the opinion.
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■ Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action upon, promissory note. Prom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The facts are stated in the opinion. The plaintiff bank when it took the collateral notes and mortgage securing the same, became the trustee of Gilman and subject to all the duties and responsibilities of a trustee, and was bound to so conduct itself in regard to such collateral as by no fault of omission or commission to prejudice the legal rights of the debtor from whom they were received. Roberts v.…
1Opinion of the CourtFuller, J.
The defendant, for a complete defense and counterclaim to this action, upon his overdue promissory note for $412, executed and delivered to plaintiff on the 18th day of January, 1875, alleged in his answer, and introduced evidence for the purpose of proving, damages sustained largely in excess of plaintiff’s claim, on account of the negligence of plaintiff in failing and neglecting to enforce the collection of certain secured notes owned by the defendant, and indorsed over to, and left with, plaintiff for collection and collateral security. This appeal is by the defendant from a judgment…
2Cases cited7 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
- Britton v. NiccollsSupreme Court of the United States · 1882
- Ætna Insurance v. Alton City BankIllinois Supreme Court · 1861
- Stacy v. Dane County BankWisconsin Supreme Court · 1860
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