Tobin v. McKinney

Fullee, P. J-

The facts essential to a proper understanding of all that is urged on this rehearing are fully stated in Tobin v. McKinney, 14 S. D. 52, 84 N. W. 228, and the only question of law to be determined is whether the statute of limitations began to run on a certain certificate of deposit before payment was demanded. Like any other contract, the character of a certificate of deposit depends upon the intention of the parties, as disclosed by the terms of such instrument; and section 4465 of the Compiled Laws, providing that “a negotiable instrument which does not specify the terms of…