City of Sturgis v. Meade County Bank
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. FRANK B. Smith, Judge. Action ¡by the City of Sturgis, a municipal corporation, against the Meade ¡County Bank, a banking 'corporation, and J. L. Wingfield, -as Public Examiner of the State of South Dakota, establish a preferential claim against defendant bank in favor of plaintiff. From a judgment for defendants, and from- an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Meade County. Hon. FRANK B. Smith, Judge. Action ¡by the City of Sturgis, a municipal corporation, against the Meade ¡County Bank, a banking 'corporation, and J. L. Wingfield, -as Public Examiner of the State of South Dakota, establish a preferential claim against defendant bank in favor of plaintiff. From a judgment for defendants, and from- an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited1: Sec. 1253, Political 'Code 1903; State v. Thom, (Idaho-), 55 Pac. 858; Bank v. Bunting, (Idaho), 59 Pac. 9-29; Green v. Custer…
1Opinion of the CourtPolee Y, J.
The defendant M'eade County Bank failed, and was taken in charge by the public examiner who proceeded to collect the assets and pay the debts. At the time of the failure of the bank, there was on deposit therein a considerable sum of money belonging to the plaintiff, the city of Sturgis. This money had been deposited therein by the city treasurer, and it had been the practice of the city treasurer, for several years prior to the time of the failure, to keep the funds of 'the city on deposit in said! bank, subject to check, and pay the same out-by check as needed. This was done with knowledge…
2Cases cited11 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Officer v. OfficerSupreme Court of Iowa · 1903
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- Hunt v. HopleySupreme Court of Iowa · 1903
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- Kies v. WilkinsonWashington Supreme Court · 1918
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