Church v. Foley

Citations

• 10 S.D. 74
• 71 N.W. 759
• 1897 S.D. LEXIS 17

Syllabus

<p>1. In replevin of goods from a sheriff, the complaint alleged that plaintiff, on authority of the directors of a bank named, to secure a certain claim due said bank from one it., purchased from him the goods in question ; that he had full right to buy and dispose of said goods; that he was entitled to possession; and that on a certain day defendant seized and carried away said goods, and still has and detains the same, etc. Held to show that he was the legal owner entitled to bring the action.</p> <p>2. Such complaint did not show that the bank was a necessary party plaintiff.</p> <p>3. The evidence showed that plaintiff was cashier of such bank; that he purchased the goods in his own name, and took a bill of sale in his own name; and that he paid for the goods by surrendering to R. a note he owed the bank, giving him a certificate of deposit for $750 on the bank, and paying some claims against R. There was also evidence that plaintiff took immediate possession, and was in possession, by his agent, when defendant seized them. Held, that the evidence supported a recovery by plaintiff.</p> <p>4. Where both parties move for the direction of a verdict, and there is evidence to sustain the verdict as directed, the decision of the court will not be reviewed, though the evidence is conflicting.</p> <p>5. A debtor, whether in failing circumstances or not, rpay use his assets to pay one or more of his creditors.</p>