Legal Opinion

Continental Grain Co. v. Heritage Bank

South Dakota Supreme Court

Decided May 22, 1996No. NonePublishedCited by 18 opinions

1Opinion of the CourtSabers, Justice

[¶ 1] Shasta Livestock Auction Yard, Inc. (Shasta) and Heritage Bank appeal a summary judgment in favor of Continental Grain Company. We reverse and remand because genuine issues of material fact exist.

FACTS

[¶ 2] This is a consolidation by the trial court of three lawsuits brought by Continental, Heritage Bank, and Shasta. The following appear to be the facts based on the present record and the briefs.

[¶ 3] Bud Brandenburg is a cattle order buyer. His purchases were financed by Louis Welte, through Heritage Bank.1 Welte authorized Bud to sign checks on Welte’s account. In the normal course of…

2Cases cited7 opinions

  1. State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
  2. Waddell v. Dewey County BankSouth Dakota Supreme Court · 1991
  3. Koeniguer v. EckrichSouth Dakota Supreme Court · 1988
  4. Matter of Estate of ElliottSouth Dakota Supreme Court · 1995
  5. BankWest, N.A. v. GrosecloseSouth Dakota Supreme Court · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Hamilton v. SommersSouth Dakota Supreme Court · 2014
  2. Discover Bank v. StanleySouth Dakota Supreme Court · 2008
  3. In Re Estate of KlauzerSouth Dakota Supreme Court · 2000
  4. Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2012
  5. Zochert v. National Farmers Union Property & Casualty Co.South Dakota Supreme Court · 1998

13 more not listed; retrieve them via the Exa API.

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