McCANDLESS v. DYAR

No. 1239.

34 F.2d 989 (1928)

McCANDLESS v. DYAR.

District Court, S. D. South Dakota.

August 4, 1928.


Attorney(s) appearing for the Case

M. G. Luddy, of Sioux Falls, S. D., for plaintiff.

Hall, Purdy & Eidem, of Brookings, S. D., for defendant.


ELLIOTT, District Judge.

I have considered the issues presented by the demurrer to the answer in Re McCandless, Receiver, etc., v. Dyar, and am of the opinion that the demurrer must be sustained.

It appears from the allegations of the pleadings that the Desmet National Bank, of which plaintiff is the duly appointed receiver, on February 13, 1926, issued the several certificates of deposit set forth in the answer, payable 12 months after date. The defendant...

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