Mershon-Welsh Co. v. International State Bank ex rel. Smith

MORIARTY, C.

This action was brought by the plaintiff corporation to recover the sum of $2,312.96 and interest, which it alleges is due to it upon a written contract. The contract was made by an assignor of the plaintiff with the International State Bank of Sioux- Falls. The bank went into the hands of the banking department shortly after the execution of the contract, and the plaintiff seeks to recover the amount of its claim from the assets of the bank.

The answer of the defendants denies that there is any liability on the contract, and also sets up the further defense that the plaintiff’s…