Legal Opinion

Aulwes v. Farmers Bank

South Dakota Supreme Court

Decided April 2, 1921No. File No. 4803PublishedCited by 5 opinions

Appeal from Circuit Court, 'Minnehaha 'County. Hon. Louis L. Fujegkr, Judge. Alction by Atugust Aulwes against The Fanners Bank of Humboldt, a corporation, for conversion of collateral security. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: 21, R. C. L. page 673; Forsyth Bank v. Davis, 38 iS.

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Appeal from Circuit Court, 'Minnehaha 'County. Hon. Louis L. Fujegkr, Judge. Alction by Atugust Aulwes against The Fanners Bank of Humboldt, a corporation, for conversion of collateral security. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: 21, R. C. L. page 673; Forsyth Bank v. Davis, 38 iS. E. 836; Waddell v. O.wen, Neb. 61 N. W. 731; Hawjdns v. New York Fourth National Bank, 49 N. E. 957, 115 Ind. 117; In re Milne, 185 Fed. ’244; Goss v. Emerson, 23 N. H. 38. Respondent cited: Hallack Lumber and…

1Opinion of the CourtFolley, P. J.

On the 1st day of December, 1917, plaintiff borrowed $250.90 from defendant and gave his note for that amount payable on the 30th day of said month. To secure the payment of said sum of money, plaintiff pledged to defendant a certain check on the State Bank of Humboldt, dated December 20, 1917, for $427 and a certain promissory note for $319 payable on the 1st day of December, 1917; 'both note and check being payable to plaintiff and both signed by one Heinrich Meyer. Neither the pledged note or check was paid at maturity, nor did plaintiff pay his note when due. Defendant made no effort to…

2Cases cited1 opinion

  1. E. F. Hallack Lumber & Manufacturing Co. v. GraySupreme Court of Colorado · 1893

3Cited by5 opinions

  1. Evans v. OdumCourt of Appeals of Georgia · 1936
  2. Parmley v. AynesworthCourt of Appeals of Texas · 1931
  3. Buck v. First National BankSouth Dakota Supreme Court · 1935
  4. Danbury Trust & Savings Bank v. WeberSupreme Court of Iowa · 1924
  5. Van Camp v. PetersonNorth Dakota Supreme Court · 1939

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