Minnehaha National Bank v. Hurley
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action by the Minnehaha National Bank against J. W. Harley, upon,a promissory note. From an order denying a motion to vacate a judgment in favor of plaintiff, defendent appeals.
1Opinion of the CourtFuller, P. J.
This is an appeal from an order overruling a motion to vacate a judgment entered upon a retrial which took place on the 28th day of Febi’uary, 1899, in an action to recover Hie amount of a promissory note executed by appellant to Moriz Levinger, and before maturity transferred by indorsement to respondent bank. As a complete defense it is alleged in the answer that the only consideration for the note was malt beer purchased by appellant from Levinger to be sold as a beverage in violation of law, and at the time of the purchase of said note respondent well knew that the same was without…
2Cases cited5 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- Storey v. WeaverSupreme Court of Georgia · 1881
- Evans v. Fall River CountySouth Dakota Supreme Court · 1893
- Gauthier v. RusickaNorth Dakota Supreme Court · 1892
3Cited by5 opinions
- Corson v. SmithSouth Dakota Supreme Court · 1908
- Kjetland v. PedersonSouth Dakota Supreme Court · 1905
- McAndrews v. Security State BankSouth Dakota Supreme Court · 1910
- Grieve v. HuberWyoming Supreme Court · 1930
- Smith v. Order of United Commercial Travelers of AmericaSouth Dakota Supreme Court · 1912