Farmers & Traders Bank v. Kimball Milling Co.
South Dakota Supreme Court
Appeal from circuit court, Brule county, Hon. D. Haney, Judge. The material facts are stated in the opinion. Plaintiff: seeks to recover by establishing an involuntary trust for its benefit in the property of defendant’. The complaint does not state facts sufficient to establish such a trust. §§ 3920, 3933, Comp.
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Appeal from circuit court, Brule county, Hon. D. Haney, Judge. The material facts are stated in the opinion. Plaintiff: seeks to recover by establishing an involuntary trust for its benefit in the property of defendant’. The complaint does not state facts sufficient to establish such a trust. §§ 3920, 3933, Comp. Laws; 2 Wait’s Prac. 290, 392; Bliss on Code Plead. §§ 202, 203. The complaint is insufficient in that it fails to identify the trust fund or property, and fails to shew that plaintiff paid any specific sum for any distinct interest in or aliquot part of the property. Perry on…
1Opinion of the CourtCorson, P. J.
This is an action brought by plaintiff to enforce a trust against the defendant, for an accounting, and for an injunction. A general demurrer was interposed to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendant appeals from the order. The complaint alleges, in substance, that plaintiff and defendant are corporations; that on the incorporation and organization of the plaintiff, in August, 18b4, one Gates was made its president, and one Foote its cashier, and that said Gates and Foote were entrusted with…
2Cases cited14 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Newton v. . PorterNew York Court of Appeals · 1877
- Olcott v. BynumSupreme Court of the United States · 1873
- Vattier v. HindeSupreme Court of the United States · 1833
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3Cited by29 opinions
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
- Morris v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1899
- Sorrells v. McNallySupreme Court of Florida · 1925
- Spencer v. PettitCourt of Appeals of Texas · 1929
- Mays v. First State Bank of KellerTexas Commission of Appeals · 1923
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