Citizens' Nat. Bank v. Great Western Elevator Co.
South Dakota Supreme Court
Appeal from circuit court court, Codington county. Hon. J.' O. Andrews and Hon. A. W. Campbell, Judges. Action by the Citizens’ National Bank of Watertown against the Great Western Elevator Company to recover upon certain warehouse receipts. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtCorson, J.
This action is instituted by the Ciuizens’ National Bank to recover of the defendant the sutn of $316, claimed to be due upon warehouse receipts assigned to the plaintiff. Verdict and judgment for the plaintiff, and the defendant appeals.
The defendant, in its answer, interposed four defenses: (1) That the plaintiff was not a corporation; (2) that the warehouse receipts were fraudulently issued by an agent of the defendant, and that, consequently, the defendant was not liable thereon; (3) that no proper demand for the wheat represented by the warehouse receipts is shown by the evidence to have…
2Cases cited4 opinions
- Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
- McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
- Travelers' Insurance v. HealeyAppellate Division of the Supreme Court of the State of New York · 1898
- Fletcher v. Great Western Elevator Co.South Dakota Supreme Court · 1900
3Cited by2 opinions
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Citizens State Bank v. Security BankSouth Dakota Supreme Court · 1929