Allibone v. Ames
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge.' Action upon a bond given by a bank to secure the safekeeping of public moneys. There was a judgment'for plaintiff, and defendants appeal. The facts are stated in the opinion. The general deposit of the public funds in defendant bank was a loan of the money deposited to the bank. §§ 1665 and 3697, Comp.
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Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge.' Action upon a bond given by a bank to secure the safekeeping of public moneys. There was a judgment'for plaintiff, and defendants appeal. The facts are stated in the opinion. The general deposit of the public funds in defendant bank was a loan of the money deposited to the bank. §§ 1665 and 3697, Comp. Laws; McLaughlin v. Bank, 43 N. W. 715; Bank v. Bank, 2 Wall. 254; Thompson v. Riggs, 5 Wall. 680; Bank v. Millard, 10 Wall. 155; State v. Keim, 8 Neb. 67; Bank v. Goudy, 9 N. W. 566; State v. Bartley, 50 N. W. 176.…
1Opinion of the CourtHaney, J.
This action is founded upon a bond of undertaking containing the following conditions: “That whereas, the said Bank of Beresford has been designated by the said John Allibone, treasurer of the said Lin coin county, S. D., asoné of the depositories for the public funds coming into his hands as such treasurer: Now, therefore, if the said Bank of Beresford shall safely keep all the funds deposited therein by said treasurer, and shall promptly honor and pay all checks drawn against such funds by said treasurer, and shall promptly pay over any or all of such funds so on deposit to said treasurer,…
2Cases cited6 opinions
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- State v. McFetridgeWisconsin Supreme Court · 1893
- State v. HillNebraska Supreme Court · 1896
- State v. KeimNebraska Supreme Court · 1878
- State v. TaylorSouth Dakota Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lawson v. BakerCourt of Appeals of Texas · 1920
- County of Divide v. BairdNorth Dakota Supreme Court · 1926
- Washington Shoe Manufacturing Co. v. DukeWashington Supreme Court · 1923
- Hunt v. HopleySupreme Court of Iowa · 1903
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
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