Meyer v. School District No. 31
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action by C. H. Meyer against School District No. 31, Minnehaha county, on a district order. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action by C. H. Meyer against School District No. 31, Minnehaha county, on a district order. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. The extension of the time of payment upon an instrument for the payment of money, granted upon a condition which is never fulfilled, is inoperative and the statute of limitations commences to run from the date of maturity of the instrument, and not from the date to which the time of payment had been extended had the condition been fulfilled. Wetzell…
1Opinion of the CourtCorson, J.
This was an action brought by the plaintiff to recover the amount of a school district order or warrant, issued by the defendant school district. Judgment for the plaintiff, and the defendant appeals.
The school district order bears date April 29, 1882, and was presented for payment on the same day, and endorsed “Not paid for want of funds.” On the same day, April 29, 1882, the payee named in the order signed the following stipulation or memorandum on the back of the same: “For value received, the payment hereof is extended five years from date, conditioned that *423interest be paid annually. ”…
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