Street v. Farmers' Elevator Co.
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Brookings County. Hon. Chas. X. Seward, Judge. Action by Andrew R. Street' against the Farmers’ Elevator Company of Elkton, -for conversion of grain. From an order sustaining a demurrer to the answer, defendant appeals.
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Appeal from 'Circuit 'Court, Brookings County. Hon. Chas. X. Seward, Judge. Action by Andrew R. Street' against the Farmers’ Elevator Company of Elkton, -for conversion of grain. From an order sustaining a demurrer to the answer, defendant appeals. The correct interpretation of secs. 487, 494, 496, Pol. ■Code, is that the receipt shall be conclusive, only, when in the hands of an innocent purchaser or where there has been no1 demand by or surrender to a title paramount! But we -have other statutes which authorize the defendant to act in this case, exactly as it has acted. Sections 1358-1361,…
1Opinion of the Court
■' 'WHITING, J.
The complaint herein alleged that defendant' is a corporation duly licensed to engage in and engaged in the business of storing grain pursuant to the laws, of this state in relation to public-warehouses; that plaintiff, being the owner of certain grain, deposited it with the defendant and received from it’ storage receipts in the form -provided by section 487 of the Political -Code; that afterwards plaintiff presented such receipts to the defendant, offered to pay all storage charges upon the grain deposited, and demanded the delivery of said1 grain; that defendant refused to…
2Cases cited2 opinions
- Daniels v. PalmerSupreme Court of Minnesota · 1889
- Wheeler & Wilson Manufacturing Co. v. BrookfieldSupreme Court of New Jersey · 1904
3Cited by4 opinions
- Bon Homme County Bank v. Dakota National BankSouth Dakota Supreme Court · 1926
- Street v. Farmers' Elevator Co.South Dakota Supreme Court · 1914
- Nicholson v. H. Poehler Co.District Court, D. South Dakota · 1922
- Wakonda Independent Consolidated School District No. 1 v. McCulloughSouth Dakota Supreme Court · 1935