Legal Opinion

Security State Bank v. Gannon

South Dakota Supreme Court

Decided August 7, 1917No. File Nos. 4070, 4072, 4096, 4136PublishedCited by 8 opinions

Appeal from Circuit Court, Faulk County. Horn. Thomas L. Bouck, Judge. Action by the Security State Bank and! J. E. Wingfield, as Public Examiner of South Dakota, against F. B. Gannon, and Robert J. Seaman as administrator 'of the estate of Albert W. Morse, deceased, and others, to enforce liability of stockholders of plaintiff bank; by the Security State Bank and another, against F. B. Gannon and others, for certain incidental relief; ¡by the Security State Bank and…

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Appeal from Circuit Court, Faulk County. Horn. Thomas L. Bouck, Judge. Action by the Security State Bank and! J. E. Wingfield, as Public Examiner of South Dakota, against F. B. Gannon, and Robert J. Seaman as administrator 'of the estate of Albert W. Morse, deceased, and others, to enforce liability of stockholders of plaintiff bank; by the Security State Bank and another, against F. B. Gannon and others, for certain incidental relief; ¡by the Security State Bank and another, against F. B. Gannon, Robert J. Seaman and others, for certain incidental relief; and by Robert J. Seaman, as…

1Opinion of the CourtWhiting, J.

The action of Security State Bank et al. v. Gannon et al., which we will term the “main action,” was brought to enforce the liability of stockholders of plaintiff bank under article 18, § 3, of the 'Constitution of this state. Various other actions, based upon transactions 'between certain of the defendants in the main action, and between such defendants and the bank, being pending in the same trial court, they were consolidated with the main action for purposes of trial. All of said actions, except one, were consolidated- with the main action for all purposes, and findings of fact and…

2Cases cited3 opinions

  1. Ware v. HoughtonMississippi Supreme Court · 1867
  2. Farmers' State Bank v. EmpeySouth Dakota Supreme Court · 1915
  3. Willius v. MannSupreme Court of Minnesota · 1904

3Cited by8 opinions

  1. City of Rapid City v. HoogterpSouth Dakota Supreme Court · 1970
  2. Smith v. OlsonSouth Dakota Supreme Court · 1926
  3. Austin v. DufferCourt of Appeals of Texas · 1926
  4. Nite Owl Corporation v. Management Services, Inc.South Dakota Supreme Court · 1970
  5. Smith v. BradshawSouth Dakota Supreme Court · 1928

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