Legal Opinion

Turner v. Hot Springs National Bank

South Dakota Supreme Court

Decided November 17, 1904PublishedCited by 2 opinions

Appeal from circuit court, Fall River county; Hon. Levi McG-ee, judge. Action by Frank Turner against the Hot Springs National Bank, a corporation. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtFuller, J.

The only question presented by this appeal from an order sustaining a general demurrer is whether facts sufficient to constitute a cause of action are stated in the following complaint, from which the caption and demand for judgment are omitted: “(1) That the de.fen ant is a national *499banking corporation, organized, existing,- and doing business under and by virtue of the United States banking law. (-2) That prior to the 19th day of June, 1903, one G. M. Cleveland deposited m the defendant bank a sum of money in excess of the amount of the bank check hereinafter mentioned, to the credit and in…

2Cases cited5 opinions

  1. Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
  2. McGrade v. German Savings InstitutionMissouri Court of Appeals · 1877
  3. Fonner v. SmithNebraska Supreme Court · 1891
  4. Bloom v. Winthrop State BankSupreme Court of Iowa · 1903
  5. Manitoba Mortg. & Inv. Co. v. WeissSouth Dakota Supreme Court · 1904

3Cited by2 opinions

  1. Lamro State Bank v. Farmers' State Bank of WinnerSouth Dakota Supreme Court · 1914
  2. Dakota Radio Apparatus Co. v. First National BankSouth Dakota Supreme Court · 1932

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