Pride v. Bank of Commerce of Milbank

Plaintiff claims this is an action for money had and received. He appealed from an order dismissing both the main action and the proceedings in garnishment and from an order denying his motion for a new trial.

Plaintiff, a resident of Minnesota, deposited for collection in a bank at Lindstrom, Minnesota, a certificate of deposit issued by the Farmers & Merchants National Bank of Milbank, South Dakota, for $2,000. The item was forwarded through a St. Paul correspondent to defendant Bank of Commerce of Milbank “for collection and credit.” It collected the money on November 16, 1925, and on the…