Shotwell v. Sioux Falls Savings Bank
South Dakota Supreme Court
Appeal from Circuit -Court, Minnehaha County. Hon. Joseph W. Jokes, Judge. Action by E. Ml Sbotw-e-11 against the Sio-ux Falls Savings Bank, to recover for part of the -proceeds of sale of plaintiff’s grain -deposited in a grain elevator and sold -by the operator, draft for which proceeds had been deposited in defendant bank in the name of the operator. From a judgment for defendant, and from an order denying- a new trial, plaintiff appeals.
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Appeal from Circuit -Court, Minnehaha County. Hon. Joseph W. Jokes, Judge. Action by E. Ml Sbotw-e-11 against the Sio-ux Falls Savings Bank, to recover for part of the -proceeds of sale of plaintiff’s grain -deposited in a grain elevator and sold -by the operator, draft for which proceeds had been deposited in defendant bank in the name of the operator. From a judgment for defendant, and from an order denying- a new trial, plaintiff appeals. The funds received from the sale of plaintiff’s wheat were trust funds, and -did not lose their character by being deposited to the individual' account…
1Opinion of the CourtWhiting, J.
In August, 1912, plaintiff deliverel to one Stegner, the operator of a grain elevator, about a car load of wheat belonging to plaintiff. The wheat was delivered to Steg-ner at the elevator, hut was placed in a bin by itself and kept separate from other wheat. This wheat was not purchased by Stegner, and the agreement between him and plaintiff was that he -should ship and sell the wheat for plaintiff. Plaintiff testified that it was expre’ssly understood that the wheat was .to be shipped in his name; while Stegner testified that nothing was said as to whose name the grain should be shipped in.…
2Cases cited17 opinions
- United States v. State BankSupreme Court of the United States · 1878
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Brand v. WilliamsSupreme Court of Minnesota · 1882
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- Porter v. RosemanIndiana Supreme Court · 1905
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3Cited by23 opinions
- Steere v. Stockyards National BankTexas Supreme Court · 1923
- National Indemnity Co. v. Spring Branch State BankTexas Supreme Court · 1961
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
- Arnold v. San Ramon Valley BankCalifornia Supreme Court · 1921
- Cable v. Iowa State Savings BankSupreme Court of Iowa · 1922
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