Smith v. Funston

This action is based on allegations of fraud, deceit, and embezzlement. At the trial the plaintiff asked, not alone for a money judgment, but for a fraud or tort judgment. The plaintiff went to trial under his complaint, and the following facts were established: That in the early part of 1921 Geo. E. Funston was president of the International State Bank of Sioux *176Falls, S. D., and the owner oí 327 shares of its stock, and was indebted to the bank in the sum of, approximately, $15,000; that said Funston wished to remove his notes from the bank; that there was nothing to show that such notes,…