Legal Opinion

Bank of Brookings v. Aurora Grain Co.

South Dakota Supreme Court

Decided March 10, 1921No. File No. 4698PublishedCited by 2 opinions

Appeal from Circuit Court, Brookings County. Hon. Wiuuiam N. ’Skinner, Judge. Action by the Bank of Brookings against the Aurora Grain Company, a-corporation, and S. L. Potter and and others, co-partners, as Potter, Garrick & Potter, for conversion of personalty and to recover from defendants the value of plaintiff's interest as mortgagee in certain grain sold and delivered by mortgagor to defendant grain company.

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Appeal from Circuit Court, Brookings County. Hon. Wiuuiam N. ’Skinner, Judge. Action by the Bank of Brookings against the Aurora Grain Company, a-corporation, and S. L. Potter and and others, co-partners, as Potter, Garrick & Potter, for conversion of personalty and to recover from defendants the value of plaintiff's interest as mortgagee in certain grain sold and delivered by mortgagor to defendant grain company. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (i)- To point one of the opinion, Appellants cited: Con-well v. Jager, 21 Indiana Appeal,…

1Opinion of the CourtMcCOY, J.

This- action in conversion was commenced about the 1st day of April, 1919, by plaintiff to recover from defendants the value of plaintiff’s interest as a mortgagee in certain grain sold and delivered by the mortgagor to defendants’ elevator about the 1st day of Séptember, 1918. From verdict and judgment in-favor of plaintiff, defendants appeal.

[1] Appellants have duly presented the question of the sufficiency of the evidence to sustain the verdict. It appears from the record that the mortgagor sold and delivered grain to -defendants at their elevator, and that the proceeds of said grain…

2Cases cited11 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Babbitt v. DutcherSupreme Court of the United States · 1910
  3. Whitney v. WenmanSupreme Court of the United States · 1905
  4. First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
  5. Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890

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3Cited by2 opinions

  1. Nielsen v. WarnerSouth Dakota Supreme Court · 1938
  2. Bank of Brookings v. Aurora Grain Co.South Dakota Supreme Court · 1922

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