M. E. Smith & Co. v. Kimble
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. FRANK B. South, Judge. Action ¡by M. E. Smith and Company, against Minerva J. Kimble and another, executors of the' estate of James Kimble, deceased, upon a written guaranty. From a judgment for defendants, and- from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Davison County. Hon. FRANK B. South, Judge. Action ¡by M. E. Smith and Company, against Minerva J. Kimble and another, executors of the' estate of James Kimble, deceased, upon a written guaranty. From a judgment for defendants, and- from an order denying a new trial, plaintiff appeals. (1.) To point one of the opinion, Respondents cited: Div-ersey v. Johnson, 93 Ill. 547, 34 L. R. A. 321; Bryan v. Weems, 25 Ala. 195. (6.) To- point six of the opinion, Appellant cited: Farlow v. Chambers, no N. W. 95; Mayberry v. Nichols, 39 S. W. 881 ; Herron v. M. Rum-ley Co. 116…
1Opinion of the CourtMcCOY, J.
[1] This action to recover upon an alleged written contract of guaranty was before this court on a former occasion; the decision will be found in 31 S. D. 18, 139 N. W. 348, Ann. Cas. 1916A, 497. There is no substantial difference between the facts and testimony offered on the last trial than that before the court on the former appeal. On the last trial the issues were submitted to a jury and a verdict rendered in favor of defendants upon all the issues, and plaintiff appeals. Plaintiff assigns the insufficiency of the evidence to sustain the verdict. We are of the view that the evidence both…
2Cases cited5 opinions
- Share v. CoatsSouth Dakota Supreme Court · 1912
- William Deering & Co. v. MortellSouth Dakota Supreme Court · 1906
- Ewing v. LunnSouth Dakota Supreme Court · 1908
- Totten v. StevensonSouth Dakota Supreme Court · 1912
- Rule v. BollesOregon Supreme Court · 1895
3Cited by13 opinions
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Brown v. WarnerSouth Dakota Supreme Court · 1961
- O'Connor v. O'ConnorSouth Dakota Supreme Court · 1981
- Jennings v. JenningsSouth Dakota Supreme Court · 1981
- Gamble v. KeyesSouth Dakota Supreme Court · 1925
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