Legal Opinion
Discover Bank v. Stanley
South Dakota Supreme Court
Decided November 12, 2008No. 24822PublishedCited by 55 opinions
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover’s motion, and entered a judgment against Stanley. Stanley appeals. We reverse.
FACTS
[¶ 2.] Joseph Stanley applied for and was granted a Discover card in March of 1996. The terms which Discover applied to issuance of the card are not in dispute. In part the terms stated: “We must hear from you no later than 60 days after we sent you the first bill…
2Cases cited26 opinions
- Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
- Martinmaas v. EngelmannSouth Dakota Supreme Court · 2000
- Moss v. GuttormsonSouth Dakota Supreme Court · 1996
- US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993
- Cummings v. MickelsonSouth Dakota Supreme Court · 1993
21 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Hamilton v. SommersSouth Dakota Supreme Court · 2014
- Cable v. UNION COUNTY BOARD OF COUNTY COMMISSIONERSSouth Dakota Supreme Court · 2009
- Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2012
- Hass v. WentzlaffSouth Dakota Supreme Court · 2012
- Western Consolidated Cooperative v. PewSouth Dakota Supreme Court · 2011
50 more not listed; retrieve them via the Exa API.