DocketNumber: File No. 5595
Citation Numbers: 48 S.D. 580, 205 N.W. 384
Judges: Gates
Filed Date: 10/2/1925
Status: Precedential
Modified Date: 7/20/2022
This action was brought against defendant bank and Hauger, its former cashier, for money had and received. Trial by the court. Findings and judgment for plaintiff as against Hauger. Findings and judgment for defendant bank as against plaintiff. Plaintiff appeals from the judgment and from an order denying new trial. The detailed facts are unnecessary to an understanding of the case. They showi a series of sordid banking transactions on the part of Hauger while cashier of respondent bank resulting in the putting of appellant’s money, together with money of respondent bank, into some North Dakota' land, the title to which was afterwards transferred to respondent.
The trial court found that the money of plaintiff was loaned to Hauger as a personal transaction and not to respondent. Section 2546, Rev. Code 1919, says:
This was not done; hence this court is powerless to review that question.
The sole question before us is whether the findings support the judgment. We think without doubt that they do.
The judgment and order appealed from are affirmed.