Dye v. Bank of Plankinton

Citations

• 16 S.D. 248
• 92 N.W. 28
• 1902 S.D. LEXIS 107

Syllabus

<p>Where affidavits to support an attachment against an insolvent bank on the ground that it had disposed of its property with intent to defraud its creditors, and had secreted its property with like intent, contained no showing as to the amount of its original capital and resources, nor how long it had been insolvent, and the only proof that any property had been transferred, other than in the usual course of business, was a statement in plaintiff’s affidavit which was disproved, and it appeared that the cashier who had charge of the bank when he abandoned it left all the bank’s assets in charge of a trustworthy person, who turned them over to the sheriff, the proof was insufficient to sustain the attachment.</p>