Legal Opinion

Dirks v. Union Savings Ass'n

South Dakota Supreme Court

Decided July 22, 1918No. File No. 4330PublishedCited by 4 opinions

Appeal ir-om CifcuEit Court, 'Brule County. Hon.- Frank B. Smith. Judge. ■ , . Action by Suzanne C. Dirks, against Union Savings ■- Association, a corporation and Guy Kelley; as> administrator -of tbe ■ estate of Peter-B; Dirk-si, deceased, to establish ownership in plaintiff of a savings- 'association certificate. From- -a judgment for defendants, and from an order denying a -new trial, plaintiff appeals.

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Appeal ir-om CifcuEit Court, 'Brule County. Hon.- Frank B. Smith. Judge. ■ , . Action by Suzanne C. Dirks, against Union Savings ■- Association, a corporation and Guy Kelley; as> administrator -of tbe ■ estate of Peter-B; Dirk-si, deceased, to establish ownership in plaintiff of a savings- 'association certificate. From- -a judgment for defendants, and from an order denying a -new trial, plaintiff appeals. (i') To point one of the opinion, Appellant cited: Glendhill -v. McCombs (Me.) 86 Atl. 247; 45 L,. R. A. (NS) 26; Bond1 v. Bean (N. H.) 57 Atl. 340. Respondents cited: 19 R. (C. L. 943. ■…

1Opinion of the CourtMcCOY, J.

Plaintiff brought this action to he adjudged) the owner of a certain savings certificate. 'Findings and judgment were in fatvor of defendants, from- which -plaintiff appeals on -the ground that tire findings do- not support the' judgment. The facts ae stated in the complaint and ais found by the court are, in substance, that ablout a .week prior to- 'his death the late Peter B. Dirks, plaintiff’s 'hu'sba-nd, voluntarily -and without consideration gave her a certificate representing ten -shares of the stock of the Union Savings Association, by delivering said1 certificate to1 her and promising…

2Cases cited12 opinions

  1. Milholland v. TiffanyCourt of Appeals of Maryland · 1886
  2. Woodruff v. . BowlesSupreme Court of North Carolina · 1889
  3. Whitehouse v. BolsterSupreme Judicial Court of Maine · 1901
  4. Ohm v. Superior CourtCalifornia Supreme Court · 1890
  5. Linthicum v. CoanCourt of Appeals of Maryland · 1886

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3Cited by4 opinions

  1. Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1926
  2. Holden v. WalkerNorth Dakota Supreme Court · 1933
  3. Harris v. HarmonSupreme Court of Oklahoma · 1928
  4. Rye v. McReynoldsSupreme Court of Oklahoma · 1935

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