Keyes v. First Nat. Bank of Aberdeen

LEWIS, Circuit Judge.

This is an action on the common counts for money had and received. Plaintiff here, who was plaintiff below, sues as receiver of the First National Bank of Eureka, South Dakota, claiming that defendant, First National Bank of Aberdeen, South Dakota, received moneys from the First National Bank of Eureka and from its predecessor, German Bank of Eureka, in payment of obligations for which neither of those banks was liable, and that it is bound on an implied promise to make restitution to plaintiff. The facts on which defendant’s claimed liability is bottomed are set out in…