Wingfield v. Security National Bank
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action hy J. E. Wingfield, as Public Examiner, and Ex-Officio Superintendent of Banks and Trust Companies, against the Security National Bank of Sioux Falls, S.-D., to recover for the amount of check® alleged to have ¡been improperly presented by defendant bank for payment. From an order sustaining demurrer to the complaint, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action hy J. E. Wingfield, as Public Examiner, and Ex-Officio Superintendent of Banks and Trust Companies, against the Security National Bank of Sioux Falls, S.-D., to recover for the amount of check® alleged to have ¡been improperly presented by defendant bank for payment. From an order sustaining demurrer to the complaint, plaintiff appeals. (i.) To point one of the opinion, Appellant cited: Pikney v. Kenawaha Valley Bank, (W. Va.) 23 Ann. Cases 115; Minneapolis Sash & Door Co. v. Metropolitan Bank, (Minn.) 44 L. R.…
1Opinion of the CourtW'H’Itin'G, J.
Appeal from an order sustaining a demurrer to a complaint. The following is a statement of the facts admitted by the demurrer. Bank A, holding two checks against Bank B (one a cashier’s check executed by bank B), sends them to Bank C for collection and credit. In the town where bank B was located, there was no other bank, but there was an office of an express company, which company was engaged in the business of collecting and transmitting money. Instead of sending the checks to the express company for purpose of collection, bank C sent them direct to bank B, which bank remitted its draft on…
2Cases cited10 opinions
- McGregor v. BattleSupreme Court of Georgia · 1907
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
- Anderson v. RodgersSupreme Court of Kansas · 1894
- Wooldridge v. StateCourt of Criminal Appeals of Texas · 1937
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3Cited by2 opinions
- Smith v. McCowanSouth Dakota Supreme Court · 1932
- Steadman v. Live Stock National BankSupreme Court of Iowa · 1925