Legal Opinion
Citizens State Bank v. Interstate Surety Co.
South Dakota Supreme Court
Decided August 16, 1920No. File No. 4633PublishedCited by 1 opinion
Appeal from 'Circuit Court. Hon. Joseph, Bo-TTum, Judge. ■Action by Citizens State Bank of Mobridge, S. D., a corporation, against the inter-state Surety Company, a corporation. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtGates, J.
This is an appeal from a judgment for respondent and an order denying new trial. The cause was before us upon an appeal from an order overruling a demurrer to the complaint, which order was affirmed. Citizen’s State Bank v. Rosenberger, 40 S. D. 256, 167 N. W. 154. The facts necessary to an understanding of the case appear in that opinion. We there said:
“There is always in every contract of indemnity or surety-ship transaction an opportunity for the principal debtor and the person for whose benefit the indemnity contract is made to enter into a conspiracy to defraud the surety; but there is…
2Cases cited2 opinions
- Mundt v. Messenger Publishing Co.South Dakota Supreme Court · 1920
- Citizens State Bank v. RosenbergerSouth Dakota Supreme Court · 1918
3Cited by1 opinion
- Nite Owl Corporation v. Management Services, Inc.South Dakota Supreme Court · 1970