Street v. Farmers' Elevator Co.
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Brookings County. Hon. Chas. X. Seward, Judge. Action by Andrew R. Street' against the Farmers’ Elevator Company of Elkton, -for conversion of grain. From an order sustaining a demurrer to the answer, defendant appeals.
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Appeal from 'Circuit 'Court, Brookings County. Hon. Chas. X. Seward, Judge. Action by Andrew R. Street' against the Farmers’ Elevator Company of Elkton, -for conversion of grain. From an order sustaining a demurrer to the answer, defendant appeals. The correct interpretation of secs. 487, 494, 496, Pol. ■Code, is that the receipt shall be conclusive, only, when in the hands of an innocent purchaser or where there has been no1 demand by or surrender to a title paramount! But we -have other statutes which authorize the defendant to act in this case, exactly as it has acted. Sections 1358-1361,…
1DissentMeCOY, J.
I am unable to concur in the majority opinion because it seems to me that it is in violation of many fundamental rules and principles of law and equity and against good conscience and gives an unholy and dishonest effect to a special statute never intended by the makers thereof. The majority opinion admits that a true owner of grain, stored under the warehouse act, may recover from the warehouseman, the bailee, the stored grain, on the ground that the true owner of property ■ may pursue and recover the same in whosesoever hands he may find it; but denies that the warehouseman, who has…
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