15 S.D. 266 | S.D. | 1901
Under a claim of absolute ownership plaintiff brought this action to recover the possession of a certificate of three shares of bank stock, which it is alleged the defendant Pettee wrongfully and surreptitiously obtained in the city of Denver, Colo., after the death of one Frank H. Smith, plaintiff’s trustee, to whom the same had been sent from the city of Pierre pursuant to the advice of plaintiff’s agent, through whom such stock, indorsed in blank,
Though controverted in some material particulars, the record adequately sustains the following statement of facts made by counsel for' respondents: “The evidente adduced- upon the trial shows that the' stock in question was sent, under direction of one F. H. Smith, to the Pierre National Bank, of Pierre, by Chas. Green, Son, Brainard & Co., of Waterville, New York, on the 19th day of April. 1898, with a draft for $300 upon said F. H.-Smith thereto attached. The letter of transmittal accompanying the stock and draft instructed the Pierre bank upon payment of the draft to deliver the stock to F. H. Smith: It was received by the Pierre bank on April 26,1898, and was held by it until the 13th day of May, 1898, when one William Hayes came into the bank and paid the bank the sum of $300, claiming-to have authority from Smith to receive the stock. P. F. McClure, the president of the Pierre bank, had received prior to this time "special instructions from Smith in regard to any stock in the Stock Growers Bank that might come to-the Pierre bank; and
For the first time at the trial counsel for appellant demanded the production of a certain -promissory note, which respondent had testified that he gave to the Colorado National Bank for the purpose of obtaining money ¿with which to pay Frank -H. Smith for the stock, but' as notice was1 inadequate ' as' to time, and the note of
The conclusions of law are entirely consistent with ample findings of fact on every material issue, all of which are fairly sustained by competent testimony, and the judgment entered in -accordance therewith is affirmed.