AMERICAN STATE BANK v. N.W. SO. DAK. P.C.A.

No. 15250.

404 N.W.2d 517 (1987)

AMERICAN STATE BANK OF PIERRE, and Fort Pierre Livestock Auction, Inc., Plaintiffs and Appellants, v. NORTHWEST SOUTH DAKOTA PRODUCTION CREDIT ASSOCIATION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 22, 1987.


Attorney(s) appearing for the Case

John S. Lovald of Olinger, Srstka, Lovald, Robbennolt & Tieszen, P.C., Pierre, for plaintiffs and appellants.

James H. Wilson and Steven D. Rich of Wilson, Olson & Nash, P.C., Rapid City, for defendant and appellee.


KONENKAMP, Circuit Judge.

This is an appeal from a judgment declaring Northwest South Dakota Production Credit Association (PCA) a holder in due course of a check issued by Fort Pierre Livestock Auction, Inc. (Fort Pierre). We reverse.

On October 25, 1983, in payment for cattle sold at auction, Fort Pierre issued check number 19074 for $31,730.23 to its customer, Gene Hunt, naming as additional payees Cheyenne River Sioux Tribe Superior Court and PCA. Later...

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