Legal Opinion

National Bank of Wheaton v. Elkins

South Dakota Supreme Court

Decided August 29, 1916No. File No. 3913PublishedCited by 13 opinions

Appeal from circuit court, Codington County. Hon. Card G. Sherwood, Judge. Action by The National Bank of Wheaton, Minn., against Frank Elkins, sheriff of Codington County, and others, for conversion of grain. From a judgment for defendants, and from an 'order denying a new trial, plaintiff appeals. (1) To point one of -the opinion, Respondent cited: Her-mann v. Min-nekota Elevator Go.

Read the full summary

Appeal from circuit court, Codington County. Hon. Card G. Sherwood, Judge. Action by The National Bank of Wheaton, Minn., against Frank Elkins, sheriff of Codington County, and others, for conversion of grain. From a judgment for defendants, and from an 'order denying a new trial, plaintiff appeals. (1) To point one of -the opinion, Respondent cited: Her-mann v. Min-nekota Elevator Go. (N. D. 1914) 145 N. W. 821; Savings Bank of Earchwood- v. -Canfield et ah, (S. D. 1900) 81 N. W. 630. (2) To point two of the opinion, Appellant cited: Rev. Civ. Code, Sec. 2024; Iverson v. Soo Elev. Co., 22 S.…

1Opinion of the CourtGates, J.

This is an action- for the conversion! of grain brought by the assigned of a chattel mortgage. In August, 1911, one Brooks leased from one Erench two- quarter sections of land in -Codington county for the year ending October 1, 1912, viz., the S. E. of section 1 and the S. E. -of section 2, 118, 55. The lease provided- for an -equal division of- the crops, reserving -title and the possession thereof in lessor until' full performance of •the terms of -the lease by the lessee and- settlement between' them. In October, 1911, lessee mortgaged to the defendant Farmers’ State Bank his -undivided…

2Cases cited7 opinions

  1. Riddle v. DowSupreme Court of Iowa · 1896
  2. Iverson v. Soo Elevator Co.South Dakota Supreme Court · 1909
  3. Potts v. NewellSupreme Court of Minnesota · 1876
  4. Denison v. SawyerSupreme Court of Minnesota · 1905
  5. Herrmann v. Minnekota Elevator Co.North Dakota Supreme Court · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
  2. Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
  3. State Ex Rel. Dunker v. Spink Hutterian BrethrenSouth Dakota Supreme Court · 1958
  4. Mason v. Citizens' Nat. Trust & Savings Bank of Los AngelesCourt of Appeals for the Ninth Circuit · 1934
  5. Nicholson v. H. Poehler Co.District Court, D. South Dakota · 1922

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API