Cumins v. Lawrence County
South Dakota Supreme Court
Appeal from district court, Lawrence county. Action to recover upon certain coupons detached from bonds issued by defendant, Lawrence County. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. The plaintiff alleges in his complaint that he is a bona fide holder of the bonds and coupons by assignment, transfer and delivery for value. This is a material and necessary allegation. § 74, Chapter.7, Code Civil Procedure.
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Appeal from district court, Lawrence county. Action to recover upon certain coupons detached from bonds issued by defendant, Lawrence County. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. The plaintiff alleges in his complaint that he is a bona fide holder of the bonds and coupons by assignment, transfer and delivery for value. This is a material and necessary allegation. § 74, Chapter.7, Code Civil Procedure. The defendant in its answer alleged that it had no knowledge or information a's to the truth of this allegation of plaintiff’s sufficient to form a…
1Opinion of the CourtBennett, J.
This action is brought by the plaintiff, Theron Cumins, to recover.the sum of $7,380, due Mai’ch 1, 1888, upon 131 coupons detatched from bonds which were issued b,y Lawrence county, Dak, under the provisions of alegislative enactment of the Territory of Dakota, entitled ‘‘An act authorizing the board of county commissioners of Lawrence county to fund the outstanding indebtedness thereof, approved February 21, 1879. This action is resisted upon the part of Lawrence county because, as it alleges, that it did not receive value for the bonds so issued, and that they do not evidence any…
2Cases cited5 opinions
- Buchanan v. LitchfieldSupreme Court of the United States · 1880
- Livingston v. HammerThe Superior Court of New York City · 1860
- Flood v. ReynoldsNew York Supreme Court · 1856
- Field v. Van CottNew York Court of Common Pleas · 1874
- Townsend v. PlattNew York Court of Common Pleas · 1856
3Cited by5 opinions
- State ex rel. Milsted v. Butte City Water Co.Montana Supreme Court · 1896
- Bailey v. Lawrence CountySouth Dakota Supreme Court · 1892
- Redwater Land & Canal Co. v. ReedSouth Dakota Supreme Court · 1910
- Law Trust Society v. HogueOregon Supreme Court · 1900
- Hill v. WalshSouth Dakota Supreme Court · 1894