Heegaard v. Dakota Loan & Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by M. A. Heegaard and another, copartners as Heegaard & Co., against tbe Dakota Loan & Trust Company, a corporation, to recover for goods sold and delivered. There was judgment of dismissal, and the plaintiffs appeal. The facts are stated in the opinion.
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Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by M. A. Heegaard and another, copartners as Heegaard & Co., against tbe Dakota Loan & Trust Company, a corporation, to recover for goods sold and delivered. There was judgment of dismissal, and the plaintiffs appeal. The facts are stated in the opinion. The failure of parties to comply with the law in regard to fictitious names must be pleaded in order that the defendant may take advantage of the defect. Phelps v. Goltree, 15 Pac. 451; Sweeney v. Stanford, 8 Pac. 444; Byers v. Baurret, 64 Cal. 73. Matter in…
1Opinion of the CourtBennett, P. J.
The plaintiffs were copartners doing business under the firm name of Heegaard & Co. It is alleged they sold and delivered to the defendant, at its special instance and -request, merchandise valued at $400, and that there is a balance due them on said sale, which the defendant has refused to pay. The original answer admits that the plaintiffs were copartners and doing business under the name of Heegaard & Co., but deny they are owing them any balance. Upon the trial of the issues' thus made, after the plaintiffs had introduced all of their evidence in support of the complaint, and the…
2Cases cited11 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Cooke v. SpearsCalifornia Supreme Court · 1852
- Sweeney v. StanfordCalifornia Supreme Court · 1885
- Koons v. WilliamsonIndiana Supreme Court · 1883
- Scriven v. HurshMichigan Supreme Court · 1878
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3Cited by15 opinions
- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Gallafent v. TuckerIdaho Supreme Court · 1929
- City of Plankinton v. KiefferSouth Dakota Supreme Court · 1944
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