First National Bank v. Veglahn
South Dakota Supreme Court
1ConcurrenceCampbell, J.
Generally speaking, an attaching creditor, unless by virtue of some statutory provision, acquires no better right to the attached property than his debtor *132had, and the attachment is subject to any claims and equities which could be maintained against the debtor. Giving full credence to all statements of the witness Given, cashier of respondent bank, as the jury apparently did, and construing the course of dealings between the respondent bank and Johnston most favorably to respondent bank, as the jury apparently did, the situation after January, 1927, seems to me substantially this: Johnston…
2Cases cited4 opinions
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Brown Grain Co. v. CoughlinSouth Dakota Supreme Court · 1928