First National Bank v. Dickson
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Minnehaha county; Hon. •James Spencer, Judge. The face value of commercial paper, it may be conceded,'is prima facie the measure of damages for its conversion. It is competent, however, to show the insolvency of the maker •or any other circumstance to lessen the damages. 3 Suth. Dam. 522; Pottery. Merchants' Bank, 28 N. Y. 641; Booth v. Powers, •56 N. Y. 22; Latham y. Brown, 16 la. 118; Holt y.
Read the full summary
Appeal from the district court of Minnehaha county; Hon. •James Spencer, Judge. The face value of commercial paper, it may be conceded,'is prima facie the measure of damages for its conversion. It is competent, however, to show the insolvency of the maker •or any other circumstance to lessen the damages. 3 Suth. Dam. 522; Pottery. Merchants' Bank, 28 N. Y. 641; Booth v. Powers, •56 N. Y. 22; Latham y. Brown, 16 la. 118; Holt y. Van Bps, 1 .Dak. 206. In another view, there was evidence that tended to diminish the value of the certificates. They were protested before they were attached. Booth…
1Opinion of the CourtCarland, J.
The respondent commenced an action in the district court of Minnehaha county against appellants for the •conversion of three certificates of deposit issued by the First National Bank of Sioux Falls to J. B. Young, on December 24, 1885, for the aggregate sum* of $4,600. The appellants justi-fied the taking by said Joseph M. Dickson under a warrant of attachment issued in an action wherein George H. Hollister was plaintiff and J. B. Young was defendant. At the trial the respondent called the appellant Dickson, who produced the certificates of deposit, which were introduced in evidence, together…
2Cases cited9 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Brown v. . MontgomeryNew York Court of Appeals · 1859
- Latham v. BrownSupreme Court of Iowa · 1864
- Hard v. BrownSupreme Court of Vermont · 1846
- Thompson v. HallNew York Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bomar v. SmithCourt of Appeals of Texas · 1917
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Mulenix v. Fairfield National BankSupreme Court of Iowa · 1926
- Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1931
- Warford v. SmithSouth Dakota Supreme Court · 1927