Atwood-Stone Co. v. Lake County Bank
South Dakota Supreme Court
Appeal from -Circuit 'Court, Minnehaha Count)'. Hon. Joseph W. Jones, Judge. ■Action toy -the Atwood-Stone Company, ag-ainst the Lake •County Bank, to recover from defendant the amount of -certain money advances toy plaintiff to third persons for a specific purpose, and alleged to- -have been wrongfully diverted -by defendant. Prom a judgment for defendant, and from an order denying a new trial, -plaintiff appeals. (2.) To point two of the opinion, Appellant cited: -Civ.
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Appeal from -Circuit 'Court, Minnehaha Count)'. Hon. Joseph W. Jones, Judge. ■Action toy -the Atwood-Stone Company, ag-ainst the Lake •County Bank, to recover from defendant the amount of -certain money advances toy plaintiff to third persons for a specific purpose, and alleged to- -have been wrongfully diverted -by defendant. Prom a judgment for defendant, and from an order denying a new trial, -plaintiff appeals. (2.) To point two of the opinion, Appellant cited: -Civ. Code, Secs. 1616, 1687; Allen v. Puritan Trust ‘Co., (Mass.) 97 N. E. 916 (919.) ; American National Bank v. Fidelity and…
1Opinion of the CourtPolley, J.
In this action plaintiff seeks to recover from defendant, on account of certain money that had been advanced by plaintiff for a specific purpose, but" which plaintiff alleges to have been wrongfully diverted to another purpose by the defendant. Plaintiff is engaged in business as a grain and commission merchant at Minneapolis and Duluth, Minn. Defendant was engaged in the banking business at Madison, S. D.; and Larkin & Metcalf was a copartnership located at Madison and engaged in the grain and milling business. Besides a mill at Madison, they owned and were operating ten elevators, situated…
2Cases cited8 opinions
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Wickersham v. Chicago Zinc Co.Supreme Court of Kansas · 1877
- Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
- First National Bank v. GiffordSupreme Court of Iowa · 1877
- The President, Etc. v. . CornenNew York Court of Appeals · 1867
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3Cited by2 opinions
- Bank of Giles County v. Fidelity & Deposit Co.Court of Appeals for the Fourth Circuit · 1936
- Solway State Bank v. School District No. 26Supreme Court of Minnesota · 1927