Virgil State Bank v. Miller
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. ' ■ Action- by -the Virgil State Bank against S. M. Miller, based upon -checks causing an overdraft in defendant’s account with plaintiff (certain promissory notes being involved- in another branch of the case). From- a judgment for -defendant upon the cause of action involving- the overdraft, and from an order denying- a new trial, -plaintiff appeals.
1Opinion of the Court
GATES, J-
This appeal, No. 3722, is taken from that part of the judgment relating to the third cause of action and from an order denying a new trial. See opinion in No. 3711, filed herewith, 36 S. D. 46, 153 N. W. 903. Said cause of action was alleged in the complaint as follows:
*24“i. That at the dates hereinafter mentioned the plaintiff was, ever since has been, and is now, a corporation organized and doing business as a banking corporation under and by virtue of the laws of the state of South Dakota.
“2. That at all times herein mentioned this plaintiff was engaged in the general banking…
2Cases cited2 opinions
- Davison v. KellarSouth Dakota Supreme Court · 1915
- Virgil State Bank v. MillerSouth Dakota Supreme Court · 1915
3Cited by6 opinions
- Essington v. BucheleSouth Dakota Supreme Court · 1962
- Ellens v. LindSouth Dakota Supreme Court · 1937
- Virgil State Bank v. MillerSouth Dakota Supreme Court · 1915
- Kephart v. BackhausSouth Dakota Supreme Court · 1981
- Kephart v. BackhausSouth Dakota Supreme Court · 1981
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