McIlvaine v. First National Bank
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Pennington- County. Hon. Lkvi McGep, Judge. Action by Clarence N. Mcllvaine and others against the First National Bank of Frederic, Wisconsin, to recover proceeds of converted personal property. From a judgment for plaintiffs, and from an order denying a new trial, defendant appeals.
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Appeal from 'Circuit 'Court, Pennington- County. Hon. Lkvi McGep, Judge. Action by Clarence N. Mcllvaine and others against the First National Bank of Frederic, Wisconsin, to recover proceeds of converted personal property. From a judgment for plaintiffs, and from an order denying a new trial, defendant appeals. It is necessary to show the conspiracy before the plaintiff can show the declarations of any party charged as -a co-conspirator to bind the other co-conspirator subsequent to the time, and it is incompetent. Any declaration made by a co-conspirator after the •time the conspiracy is…
1Opinion of the CourtGates, J.
This- action was begun in June, 1912. Aside fronr allegations relating to the corporate capacity of the defendant bank and the appointment of Ida Jones as administratrix of *391the estate of Alfred A. Jones, deceased, the complaint is as follows : .
“II. That at and prior to the 15th day of May, A. D. 1910, Alfred A. Jones and the plaintiffs 'Clarence N1. Mcllvaine and Charles A. Seeley and the defendant D. Ray Coonan were the owners of upwards of three thousand (3,000) cords of wood in Polk county, in the state of Wisconsin, of the value of twelve thousand ($12,000) dollars.
“III. That on or about…
2Cases cited6 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- Davis v. Holy Terror Mining Co.South Dakota Supreme Court · 1906
- Gale v. ShillockSupreme Court Of The Territory Of Dakota · 1886
- Green v. Hughitt School Twp.South Dakota Supreme Court · 1894
- Peacock v. GleesenSupreme Court of Iowa · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Green v. ShawSupreme Court of South Carolina · 1926