Plano Manufacturing Co. v. Person
South Dakota Supreme Court
Appeal from Minnehaha comity court. Hon. W. A. Wilkes, Judge. Replevin by the Plano Manufacturing Company against Swan Person. Prom a judgment for defendant, plaintiff appeals Misrepresentation and fraud constitute affirmative matter which must be alleged and proven.
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Appeal from Minnehaha comity court. Hon. W. A. Wilkes, Judge. Replevin by the Plano Manufacturing Company against Swan Person. Prom a judgment for defendant, plaintiff appeals Misrepresentation and fraud constitute affirmative matter which must be alleged and proven. Cobbey on Replevin, § 824; Estees PL §§ 2748, 3278, 3443, 3538, 3539, 3586; Philipp’s Code PL §§ 244, 386; Bliss Code PL §§ 211, 339; Pomeroy’s Code Rem. § 687; Diefendorf v. Gage, 7 Barb 18; Prisbee v. Lang-worthy, 11 Wis. 375; Tucker v. Parks, 7 Col. 63; Rose y Hurley, 81 Am. Dec. 374; Hoyt v. Clarkson, 23 Or. 51; Daly v.…
1Opinion of the CourtCorson, J.
This is an action in claim and delivery. Verdiet and judgment for defendant, and plaintiff appeals. The object of the action was to recover possession of a quantity of grain grown on a certain farm in Minnehaha county, in possession of the respondent, claimed by virtue of a chattel mortgage alleged to have been executed by respondent to appellant. The answer was a general denial.
The first error assigned is that the court erred in admitting in evidence a certain deed from one Haberle to Guernsey, with whom the defendant had a lease, or cropping contract. On the trial the defendant offered in…
2Cases cited14 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
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3Cited by2 opinions
- Merrill v. Minneapolis & St. L. Ry. Co.South Dakota Supreme Court · 1910
- Dakota Grocery Co. v. ZearleySouth Dakota Supreme Court · 1938