Coughran v. Western Elevator Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Lion. Joseph W. Jones, Judge. Action by E. W. Coughran against the Western Elevator Company. From a judgment for defendant and an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtFuller, J.
On this appeal from a judgment and order denying a new trial of this action by a mortgagee to recover the value of certain grain purchased from the mortgagor by the respondent elevator company, the only ground of argument for a reversal is that the evidence is not sufficient to sustain the verdict. That the indebtedness secured by the mortgage exceeded the value of the grain described therein, and so purchased by respondent is undisputed, and a waiver by appellant of the usual conditions against the sale or removal of the property by the mortgagor was the principal issue tried. and .submitted…
2Cases cited5 opinions
- Consolidated Land & Irrigation Co. v. HawleySouth Dakota Supreme Court · 1895
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
- Haugen v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Kielbach v. Chicago, M. & St. P. Ry.South Dakota Supreme Court · 1900
- Lockhart v. HewittSouth Dakota Supreme Court · 1904
3Cited by3 opinions
- First Security Bank v. Zaring Farm & Livestock Co.Idaho Supreme Court · 1932
- Winans v. LightSouth Dakota Supreme Court · 1928
- State v. ShomakerSouth Dakota Supreme Court · 1922