Legal Opinion

Shade v. Barnes Bros.

South Dakota Supreme Court

Decided February 13, 1915No. File No. 3637PublishedCited by 2 opinions

Appeal from Circuit Court, Pennington County. Hon. Luvi McGee, Judge. Action fby Josephine Shade against Barnes- Brothers, a corporation, and Charles S-chmit, to procure 'cancellation of realty mortgage and note secured thereby. Prom a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (1) Under point one of the opinion, Appellant cited: Ene. PI. & Prac.

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Appeal from Circuit Court, Pennington County. Hon. Luvi McGee, Judge. Action fby Josephine Shade against Barnes- Brothers, a corporation, and Charles S-chmit, to procure 'cancellation of realty mortgage and note secured thereby. Prom a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (1) Under point one of the opinion, Appellant cited: Ene. PI. & Prac. Vol. 27, p. 150b; Charles H. Dart v. Minnesota Loan & Trust Company, 74 Minn. 426; Boydi v. Boyd, 104 -N. W. 794 (la.) ; Clark & Skyles on Agency, Vol. 1, Sec. 45; Equitable Mortgage and Loan Company v. Thorne,…

1Opinion of the CourtGates, J.

On or about April 1, 1913, respondent applied *144to S. E. Sanders of Wall, S. D., for a loan upon 160 acres of land owned by her. She caused a formal application to be executed, which contained, among other things, the following:

“The statements made in this application are made by me for the purpose of obtaining a loan of money from John Hayes of Fort 'Pierre, South Dakota, and are true to the best of my knowledge and belief. * * * I hereby appoint and constitute S. E. Sanders, my agent, for the purpose of procuring said loan, and to whom I do hereby grant full authority to receive the funds…

2Cases cited1 opinion

  1. Kost v. BenderMichigan Supreme Court · 1872

3Cited by2 opinions

  1. Britton Milling Co. v. WilliamsSouth Dakota Supreme Court · 1921
  2. Woods v. SizerNew York Supreme Court · 1918

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