Plymouth County Bank v. Gilman
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikbns, Judge. Action to recover $412 on a promissory note. The defendant answering set up a counterclaim,’ that at the time he executed the note he gave the plaintiff notes amounting to $1,150 and a mortgage securing them as collateral, with the agreement that the bank should collect them and apply the proceeds upon the note in question.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikbns, Judge. Action to recover $412 on a promissory note. The defendant answering set up a counterclaim,’ that at the time he executed the note he gave the plaintiff notes amounting to $1,150 and a mortgage securing them as collateral, with the agreement that the bank should collect them and apply the proceeds upon the note in question. That by its negligence said notes and mortgage were not collected and had become worthless. Judgment for defendant. Plaintiff appeals. The facts are fully stated in the opinion. A declaration or…
1Opinion of the CourtCorson, J.
Appeal by plaintiff from a judgment in favor of defendant for $530 and interest on a counterclaim. This was an action by tbe plaintiff to recover of tbe defendant $412, and interest, on a certain promissory note, given by tbe defendant to tbe plaintiff, bearing date January 18, 1875. Tbe defendant answered, admitting tbe execution and nonpayment of tbe note, and pleaded by way of counterclaim tbat at tbe time be executed said note be transferred to tbe appellant, wbicb will be hereafter designated as tbe bank, six promissory notes, amounting to $1,150, and a mortgage securing tbe. same,…
2Cases cited9 opinions
- Davidson v. DallasCalifornia Supreme Court · 1860
- Page v. FowlerCalifornia Supreme Court · 1869
- Simpson v. WaldbyMichigan Supreme Court · 1886
- Yates v. SmithCalifornia Supreme Court · 1871
- First Nat. Bank v. NorthSupreme Court Of The Territory Of Dakota · 1889
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3Cited by26 opinions
- Oklahoma City Electric, Gas & Power Co. v. BaumhoffSupreme Court of Oklahoma · 1908
- Westfall v. WaitIndiana Supreme Court · 1905
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- Negociacion Agricola Y Ganadera De San Enrique, S. A. v. LoveCourt of Appeals of Texas · 1920
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