Chandler v. Kennedy
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. ' Action on a note. From á judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The courts of a state will follow its own precedents in the expounding of the general common law applicable to commercial transactions. Faulkner -y.
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Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. ' Action on a note. From á judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The courts of a state will follow its own precedents in the expounding of the general common law applicable to commercial transactions. Faulkner -y. Hart, 82 N. Y. 413; Swift v. Tyson, 41 U. S. 16; Oats v. Bank, 100 Id. 239; Ray v. Peru, 138 Pa. 576. A note is executed at the place where it is delivered in con-sumating the bargain, although written, signed or dated elsewhere. Freese…
1Opinion of the CourtKellam, J.
This is an action brought by respondent, as plaintiff, against the appellant, upon a promissory note made by him to W. L. White, and by him indorsed before maturity to the respondent. Appellant admitted the making of the note, but set up an affirmative defense. It being obvious that the admissibility of such defense depended upon whether the note was negotiable or not, the attention of the trial court was first directed to that question, and, having determined that the note was negotiable, ruled out the affirmative defense,' and rendered judgment against the appellant. From such judgment, and…
2Cases cited8 opinions
- Sperry v. HorrSupreme Court of Iowa · 1871
- Mulcahy v. GlazierCalifornia Supreme Court · 1877
- Ferrer v. Home Mutual InsuranceCalifornia Supreme Court · 1874
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
- Smith v. LawrenceCalifornia Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Perry National Bank v. EngnellSupreme Court of Iowa · 1924
- D. S. B. Johnston Land-Mort. Co. v. CaseSouth Dakota Supreme Court · 1900
- Allen v. CoolingSupreme Court of Minnesota · 1924
- In Re Appeals of BottcherSouth Dakota Supreme Court · 1960
- Boettcher v. ThompsonSouth Dakota Supreme Court · 1906
14 more not listed; retrieve them via the Exa API.