Maupin v. Mobridge State Bank
South Dakota Supreme Court
Appeal from 'Circuit Court, Walworth County. Hon. Joseph H. Bottum, Judge. Action by ■ 'Charles- A. M'aupin, administrator of the estate of William Ducheneaux, - deceased1, against the Mob-ridge State Bank, a- corporation, to- recover upon a bank certificate of deposit. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from 'Circuit Court, Walworth County. Hon. Joseph H. Bottum, Judge. Action by ■ 'Charles- A. M'aupin, administrator of the estate of William Ducheneaux, - deceased1, against the Mob-ridge State Bank, a- corporation, to- recover upon a bank certificate of deposit. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To. point one of the opinion, Respondent cited1: American Fur Co. v. United States, 2 Peters, 358; First National Bank v. Stewart, 114 U. S. 224, 29 L. Ed'. 101; Prew v. ¡S. D. Cent. Ry. Co., 156 N. W. 582, 71 N. W: 453; Simpson v.…
1Opinion of the CourtWhiting, J.
Action on time certificate of deposit alleged to' have been issued by defendant to plaintiffs intestate. Verdict w&s for plaintiff. From the judgment thereon and an order denying a new: trial, -defendant appeals..: Respondent alleged the d’epos-it by his intestate, one William Ducheneaux, of $1,000 in 'appellant- bank, in July; 1911, and the issuance of -a certificate of ¡deposit therefor payable- to said William Ducheneaux or order; that the certificate .was. in the wrongful possession of appellant; that plaintiff as the -administrator of the estate of said William Ducheneaux was the lawful…
2Cases cited3 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- First Nat. Bank v. NorthSupreme Court Of The Territory Of Dakota · 1889
3Cited by4 opinions
- State v. GrossWashington Supreme Court · 1948
- Muschelwicz v. TidrickSouth Dakota Supreme Court · 1918
- State v. WatkinsSouth Dakota Supreme Court · 1975
- Kraft v. Security State BankSouth Dakota Supreme Court · 1924