Fall River County v. Minnekahta State Bank
South Dakota Supreme Court
Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action for an injunction, etc. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. Defendant bank upon receiving the deposits of Bradley, with knowledge as to their character as public funds, became the trustee of the county, and the county as cestui que trust can maintain this action, and the complaint is sufficient. §§ 1662, 1665, Comp.
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Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action for an injunction, etc. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. Defendant bank upon receiving the deposits of Bradley, with knowledge as to their character as public funds, became the trustee of the county, and the county as cestui que trust can maintain this action, and the complaint is sufficient. §§ 1662, 1665, Comp. Laws; Ind. Sch. Dist. v. King, 45 N. W. 908; Myers v. Board, 32 Pac. 659; San Diego Co. v. Bank, 52 Fed. 59; Manlton v.…
1Opinion of the CourtFuller, J.
This appeal is from an order of the circuit court sustaining a demurrer to the complaint in this action upon the ground that the same does not state facts sufficient to constitute a cause of action. The object of the suit was to compel the defendant and respondent to deliver up and surrender to the clerk of the circuit court, for cancellation, a $5,000 county warrant, and to require the satisfaction of a judgment which respondent had obtained thereon in an action against plaintiff and appellant herein, and to restrain respondent from assigning or in any manner disposing of, said judgment. The…
2Cases cited2 opinions
- Catterlin v. SomervilleIndiana Supreme Court · 1864
- Niemeyer v. BrooksIllinois Supreme Court · 1867