Western Surety Co. v. Walter
South Dakota Supreme Court
Appeal from Circuit Court, Hutchinson 'County. Hon. Robiírt B. Tripp, Judge. Action by The Western Surety Company, a' corporation, against Jacob Walter and others, to recover as indorsee of a negotiable promissory note given by defendants to a county and by it indorsed to plaintiff. From, a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Hutchinson 'County. Hon. Robiírt B. Tripp, Judge. Action by The Western Surety Company, a' corporation, against Jacob Walter and others, to recover as indorsee of a negotiable promissory note given by defendants to a county and by it indorsed to plaintiff. From, a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited: Herman on Estoppel and Res Adjudicata, Vol. i, page 118; Plymouth County Bank v. Gilman, 3 S. D. 170; 23 Cyc. 1197; City of Mitchell v. Telephone Company, 27 S-. 'D. 511.…
1Opinion of the CourtWhiting, J.
Plaintiff sues, as the indorsee of a negotiable note, and seeks to recover a judgment against the maker of such note. This cause was before us on a former appeal, our opinion being reported in Western Surety Co. v. Walter, 177 N. W. 804. Reference is made to such opinion for a statement of the facts as they then appeared, the question presented upon such appeal, and the decision of this court thereon. A second trial of this cause was had before the court without a jury. Findings and conclusions were filed, and upon these judgment was entered for defendants. From such judgment this appeal was…
2Cases cited4 opinions
- Walton v. United StatesSupreme Court of the United States · 1824
- Park v. RobinsonSouth Dakota Supreme Court · 1902
- Western Surety Co. v. WalterSouth Dakota Supreme Court · 1920
- Thurston v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1904
3Cited by9 opinions
- Beaver County v. Home Indemnity Co.Utah Supreme Court · 1935
- Burke Grain Co. v. St. Paul-Mercury Indemnity Co.Court of Appeals for the Eighth Circuit · 1938
- Netherton v. Farmers Exchange BankMissouri Court of Appeals · 1933
- American Reliable Insurance v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1961
- Security Insurance Co. of New Haven v. Johns-Manville Sales Corp.Court of Appeals of Arizona · 1968
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