Citizens State Bank v. Rosenberger
South Dakota Supreme Court
Appeal from Circuit Court. Walworth County. Han. Joseph PI. Bottom, Judge. n Action 'by Citizens State Bank of Mobridge, a corporation, aga-inist P. B. Rosenberger, and the Interstate Surety Company, a corporation, to recover upon ¡a doinlbract of indemnity. From ■an order overruling a idemurreir to the complaint, defendants appeal.
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Appeal from Circuit Court. Walworth County. Han. Joseph PI. Bottom, Judge. n Action 'by Citizens State Bank of Mobridge, a corporation, aga-inist P. B. Rosenberger, and the Interstate Surety Company, a corporation, to recover upon ¡a doinlbract of indemnity. From ■an order overruling a idemurreir to the complaint, defendants appeal. (i) To point one lo'f the opinion, Appellant cited: 9 Cyc. 483; Note 52 in 9 Cyc. 484, and Annotations; Hayes v. Kyle, 8 Allen (Mass-.) 300; Giv Code, Sec. 1271, i960; Timm v. Grand RapidJs Brewing Co., 125 N. W. 357; 27 L. R. A. Ns. 186; Affiibooe v. Ames, (S'.…
1DissentWhiting, P. J.
By the express provision •of our Civil Code, § i960, an agreement ¡to indemnify a person *262for an act thereafter to be dloiu.e is void if the ac't be known by such pension at toe time of doing it to be unlaw ful. Respondent savs, "It may be readily conceded that, if toe bond did! in fact induce ,a breach of trust * * * it would be against public policy and therefore void.” Did) not the bond ¡induce a breach of trust? It ¡certainly must be presumed that toe bank wouidi not have fumed the money over to R'osenberger if it had not been for this bond — boto. parties thereto knew that- toe purpose of…
2Cases cited3 opinions
- Torpy v. JohnsonNebraska Supreme Court · 1895
- Rice Bros. v. National Bank of CommerceMissouri Court of Appeals · 1903
- Ives v. . JonesSupreme Court of North Carolina · 1843