Savings Bank of Larchwood v. Canfield

• Decision Date: 10 January 1900
• Citation: 12 S.D. 330,81 N.W. 630
• Parties: SAVINGS BANK OF LARCHWOOD, Plaintiff and appellant, v. E. H. CANFIELD and Joseph L. Snook, Executors of the Estate of George W. Snook, Defendant and respondent.
• Court: South Dakota Supreme Court

12 S.D. 330

81 N.W. 630

SAVINGS BANK OF LARCHWOOD, Plaintiff and appellant, v. E. H. CANFIELD and Joseph L. Snook,

Executors of the Estate of George W. Snook,

Defendant and respondent.

South Dakota Supreme Court

Appeal from Circuit Court, Minnehaha County, SD

Hon. J. W. Jones, Judge

Affirmed

Davis, Lyons & Gates

Attorneys for appellant.

E. H. Canfield

Attorney for respondents.

Opinion filed January 10, 1900

FULLER, P. J.

This action, for the conversion of wheat claimed under a chattel mortgage, resulted in a judgment in favor of George W. Snook, and plaintiff appeals. Since the entry of judgment, and appeal to this court, said George W Snook has died; and his executors, E. H. Canfield and Joseph L. Snook, have been substituted as defendants and respondent; by an order of this court duly entered.

On the 18th day of January, 1897, Gust Hultman executed the mortgage relied upon, to appellant, covering two-thirds o all crops of that season to be raised on certain lands belonging to George W. Snook, which under an agreement, he had cultivated for a number of years. On the 30th day of March following, said Hultman and George W. Snook entered into a contract for one year from January 1st, 1897, by which the former as a party of the first part, bound himself to perform all the labor in a manner designated, “and to plant and sow only such crops as the second party shall direct. … The title, ownership, and possession of all the hay and crops of every kind and character raised or produced upon said premises shall b( and remain in the party of the second part. In consideration of the faithful. and thorough performance of, all and singular, the several stipulations and covenants in this instrument contained, by said party of the first part, the party of the second part hereby agrees, upon reasonable request thereafter made, to give and deliver to said first party, upon the premises or elsewhere, as herein provided, two-thirds of the crop so raised and secured upon said land during each year of the term, after first deducting therefrom all advances and indebtedness owing by said party of the second part for any cause whatsoever, including the sum of any and all seed-grain liens upon the crops claimed and filed by third persons; and all such claims and indebtedness shall be considered matured at the date when threshing shall begin, whether then due by their terms or not; and any amount remaining unpaid under the above provisions shall draw interest at the rate of seven per cent. per annum, and, if any action is brought to collect such balance, the first party will pay reasonable attorney’s fees.” Having failed, in many material particulars, to perform the labor required...