Yankton College v. Smith

This case is before us on rehearing. The former opinion is reported in 222 N. W. 946. Therein it was said that the action of plaintiff should be dismissed, because it -did not appear that plaintiff was damaged! by the wrongful acts of Pfeifle-, cashier of the Security Bank of Tyndall, in issuing the forged certificate of deposit involved in this action. On further consideration we are *454still of the view that plaintiff, not having' parted with a present consideration, was not injured toy Pfeifle’s action in issuing the certificate involved, and therefore has no' direct cause of action against…