Fall River County v. Minnekahta State Bank

Citations

• 8 S.D. 538
• 67 N.W. 617
• 1896 S.D. LEXIS 77

Syllabus

<p>In an action by a county against a bank, to compel defendant to surrender to the county clerk, for eancellatión, a county warrant, and satisfy a judgment obtained thereon by defendant, and to enjoin defendant from assigning or disposing of such judgment, the petition alleged, in substance, that defendant refused to satisfy such judgment out of moneys deposited in the bank pending the litigation for the purpose of paying any judgment it might obtain on such warrant, pursuant to an agreement between it and plaintiff’s treasurer; that such treasurer and the clerk of the circuit court had, in behalf of the county, demanded of the bank that it apply such deposit to the payment of such judgment, and satisfy the same, and tendered a check for the amount; that the hank and the county treasurer and his bondsmen were each and all insolvent; and that defendant had assigned such warrant, and was about to assign and transfer such judgment, etc. Held, that the petition stated a cause of action.</p>