Farmers Elevator Co. of Humboldt, S. Dakota, A v. Larsen

• Decision Date: 12 July 1941
• Docket Number: No. 8434.,8434.
• Citation: 298 N.W. 727,68 S.D. 31
• Parties: FARMERS ELEVATOR COMPANY OF HUMBOLDT, South Dakota, a Corporation, Plaintiff and Respondent, v. Ralph W. LARSEN, Defendant, and Bank of Humboldt, Bank of Humboldt, Clerk of Jack Kapaun Sale, and A. M. Stewart, Trustee of Jack Kapaun Sale, Garnishee Defendants, Federal Deposit Insurance Corporation, Receiver for Bank of Humboldt, Appellant.
• Court: South Dakota Supreme Court

68 S.D. 31

298 N.W. 727

FARMERS ELEVATOR COMPANY OF HUMBOLDT, South Dakota, a Corporation, Plaintiff and Respondent,

v.Ralph W. LARSEN, Defendant, and Bank of Humboldt, Bank of Humboldt, Clerk of Jack Kapaun Sale, and A. M. Stewart, Trustee of Jack Kapaun Sale, Garnishee Defendants, Federal Deposit Insurance Corporation, Receiver for Bank of Humboldt, Appellant.

No. 8434.

Supreme Court of South Dakota.

May 12, 1941.

Rehearing Denied July 12, 1941.

Appeal from Circuit Court, Minnehaha County, Second Judicial Circuit; John T. Medin, Judge.

*727Coon & Coon and Owen T. Lewis, all of Sioux Falls, for appellant.

Charles E. Brewster and T. R. Johnson, both of Sioux Falls, for respondent.

PER CURIAM.

This action arises out of substantially the same facts and the appeal presents the same questions as were considered in Farmers Elevator Company of Humboldt v. Kapaun et al., S.D., 297 N.W. 678, filed April 29, 1941, wherein the order appealed from was affirmed. The same conclusion which was reached in that case is reached in this case.

The order appealed from is affirmed.

All the Judges concur.