Legal Opinion

Union Trust Co. v. Phillips

South Dakota Supreme Court

Decided June 29, 1895PublishedCited by 3 opinions

Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action on a promissory note. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion. A cashier of a bank may bind it by acts done outside of the scope of his authority.

Read the full summary

Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action on a promissory note. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion. A cashier of a bank may bind it by acts done outside of the scope of his authority. North v. Stebbins, 2 S. D. 74; U. S. v. City, 21 How. 346; Buffalo v. Shorp. 58 N. W. 734; Horngon v. Bank, 10 Legal News, 112. A party who affirms a contract made for him by his agent must adopt all the instrumentalities employed by his agent to bring it to a consummation. Elwell v. Chamberlain, 31 N. Y. 619; Hickland v.…

1Opinion of the CourtKellam, J.

This was an action upon a promissory note given by respondents to appellant. The defense was that it was procured through the fraudulent misrepresentations of C. E. Johnson, the secretary and agent of the payee. Except as to one question of law, there is little in the case for the consideration of this court. The verdict of the jury settles the questions of fact, and while we are not entirely satisfied that it was correct, the evidence is sufficient to sustain it.

Respondent Arthur C. Phillips inherited from his father certain shares of sfock in the Sioux Palls Improvement Company. C. E.…

2Cases cited3 opinions

  1. Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
  2. Joslin v. MillerNebraska Supreme Court · 1883
  3. Wyckoff v. JohnsonSouth Dakota Supreme Court · 1891

3Cited by3 opinions

  1. First National Bank v. HenryNorth Dakota Supreme Court · 1915
  2. Security Holding Co. v. JohnsonSouth Dakota Supreme Court · 1930
  3. Daum v. UrquhartSouth Dakota Supreme Court · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API