Wright v. Lee
South Dakota Supreme Court
Appeal from circuit court, Lake county; Hon. Joseph W. Jones, Judge. Conversion. Plaintiff had judgment, from which, and from an order denying their motion for a new trial, defendants appeal. The facts are stated in the opinion. The assignee represents the creditors and cannot at the same time be the agent of the assignor and hold possession for the assignor.
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Appeal from circuit court, Lake county; Hon. Joseph W. Jones, Judge. Conversion. Plaintiff had judgment, from which, and from an order denying their motion for a new trial, defendants appeal. The facts are stated in the opinion. The assignee represents the creditors and cannot at the same time be the agent of the assignor and hold possession for the assignor. Bank v. Stevens, 39 N. Y. S. 298; Howard v. Dwight, 8 S. D. 398, 66 N. W. 935; Swiggett v. Dodson, 17 Pac. 595; Wilcox v. Jackson, 4 Id. 966; Doak v. Brubaker, 1 Nev. 218; Hale v. Sweet, 40 N. Y. 97; Flanagan v. Wood, 33 Vt. 332; Buhl…
1Opinion of the CourtFuller, J.
This cause, now engaging our attention for the third time, is based upon a claim of wrongful conversion, *265and was instituted by plaintiff, the assignee df an insolvent corporation, against the defendant sheriff and his co-defendants, who are attaching creditors, to recover the value of a large amount of personal property seized and sold on execution in satisfaction of their demands against the assignor. This appeal is by the defendants from a judgment of $27,182.70 in favor of plaintiff, and from an order overruling a motion for a new trial. In our former opinion, reported in 2 S. D. 596, 51…
2Cases cited9 opinions
- Cluck v. StateIndiana Supreme Court · 1872
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Wright v. LeeSouth Dakota Supreme Court · 1893
- St. Croix Lumber Co. v. MitchellSouth Dakota Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Waterhouse v. Jos. Schlitz Brewing Co.South Dakota Supreme Court · 1903
- First Nat. Bank v. CalkinsSouth Dakota Supreme Court · 1903
- Sherman v. Port Huron Engine & Thresher Co.South Dakota Supreme Court · 1900
- Wieber v. EnglandSouth Dakota Supreme Court · 1931
- Jones v. City of Sioux FallsSouth Dakota Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.