First Nat. Bank v. Peavy Elevator Co.

• Decision Date: 05 October 1897
• Citation: 72 N.W. 402,10 S.D. 167
• Parties: FIRST NAT. BANK, Plaintiff and appellant, v. PEAVY ELEVATOR CO., Defendant and respondent.
• Court: South Dakota Supreme Court

10 S.D. 167

72 N.W. 402

FIRST NAT. BANK, Plaintiff and appellant,

v.

PEAVY ELEVATOR CO., Defendant and respondent. South Dakota Supreme Court Appeal from Circuit Court, McCook County, SD Hon. Jos. W. Jones, Judge Affirmed Quigley & Wright Attorneys for appellant. E. H. Wilson Attorney for respondent. Opinion filed Oct. 5, 1897

HANEY, J.

It is alleged in the complaint:

“That the plaintiff is a corporation duly incorporated under the national banking laws of the United States, and that its place of business is located within the city of Parker, said state of South Dakota. That the defendant is a corporation incorporated, created, and existing under and by virtue of the laws of the state of Minnesota, and that the said defendant, at the times hereinafter mentioned, has done, and at the present time continues to do, business within the state of South Dakota. That at all the times hereinafter mentioned the said plaintiff has been the owner of a special interest and property in, and entitled to the immediate possession of, the following described goods and chattels, to-wit, four hundred and fifty bushels of wheat, of the value of 8200, by virtue of a certain seed lien given to said plaintiff, the First National Bank of Parker, by one John Dickens, for the purpose of securing the purchase price of seed grain furnished by the said plaintiff to said Dickens, and evidenced by one certain promissory note under date of July 25, 1895, for the payment of $92, November 1, 1895, to the order of this plaintiff, with interest at the rate of twelve per cent. per annum; said grain to be by said Dickens sown and planted during the farming season of the year 1895 upon the northeast quarter of section 19, township one hundred and four, and range fifty-six, lying and being in the county of McCook, said state of South Dakota, which said lien was duly filed for record on the 21st day of February, 1895, at 11 o'clock a. m., at the office of the register of deeds of said county of McCook, and of which the following is a copy, to-wit: [Here follows copy of account filed in the office of the register of deeds, with that officer’s endorsement showing when it was filed.] That the said 450 bushels of wheat heretofore mentioned was planted, cultivated, and raised by the said John Dickens upon the said northeast quarter of section nineteen, township one hundred and four, and range fifty-six, lying and being in the county of McCook and state of South Dakota, during the farming season of the year 1895. That on or about the 1st day of October, A. D. 1895, the defendant obtained possession of the said grain, and wrongfully and unlawfully, at the village of Spencer, in the county of McCook, said state of South Dakota, converted the same to its own use, to the damage of the said plaintiff in the sum of $200, no part of which has been paid. That on the 13th day of November, 1895, the plaintiff, by its president, L. K. Lord, at the village of Spencer, in...