Taylor v. Bank of Volga
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Maris Taylor, receiver of tbe Fidelity Fire Insurance Company, against the Bank of Volga and another, to recover certain securities. Johnson Nickeus intervened, by leave of court, claiming an interest in one of said securities adverse to both parties, and from a judgment for intervener the defendants appeal. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Maris Taylor, receiver of tbe Fidelity Fire Insurance Company, against the Bank of Volga and another, to recover certain securities. Johnson Nickeus intervened, by leave of court, claiming an interest in one of said securities adverse to both parties, and from a judgment for intervener the defendants appeal. The facts are stated in the opinion. The pleadings do not present a proper case for intervention. Horn v. Water Co., 10 Cal. 70; Whitman v. Willis, 51 Tex. 421; Ashvilie v. Ashton, 92 N. C. 588; Chapman v.…
1Opinion of the CourtFuller, J.
Plaintiff, the receiver of the Fidelity Fire Insurance Company, an insolvent corporation, brought this action in that fiduciary capacity, to recover certain securities from the possession of the defendant the Bank of Volga, a corporation, and William Fisher, the vice-president, general manager and exclusive stockholder thereof, which it is alleged are the property of the insurance company, and were delivered to the Bank of Volga by the secretary of the company without any authority or consideration, but with the full knowledge of the defendant bank, pursuant to a collusive and fraudulent…
2Cases cited3 opinions
- Evenson v. WebsterSouth Dakota Supreme Court · 1892
- Barnard & Leas Manuf'g Co. v. GallowaySouth Dakota Supreme Court · 1894
- Norwegian Plow Co. v. BellonSouth Dakota Supreme Court · 1893
3Cited by10 opinions
- Potlatch Lumber Co. v. RunkelIdaho Supreme Court · 1909
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Walker v. SandersSupreme Court of Minnesota · 1908
- Dunn v. National BankSouth Dakota Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.