LaCrosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. This case was first determined by this court in an opinion reported in 13 S. D. 301, 82 N. W. 78, in which opinion the judgment of the trial court, in favor of the defendants, was reversed. This opinion is upon a rehearing subsequently granted. Corson, J., dissenting.
1Opinion of the CourtFuleER, P. J.
The decision in this case, now before' us on rehearing, is reported in 13 S. D. at page 301, 83 N. W. 331, where the facts are fully stated; and it is held, on appeal from an order granting a new trial, that, notwithstanding defendants had never purchased the stock of merchandise in controversy, it was not erroneous to instruct the jury that the burden was upon plaintiff to prove that defendants had actual notice of its unrecorded mortgage prior to the time when they converted the property described therein, and appropriated the proceeds thereof to the payment of certain prior mortgages,…
2Cases cited2 opinions
- La Crosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.South Dakota Supreme Court · 1900
- La Crosse Boot & Shoe Manuf'g Co. v. Mons Anderson Co.South Dakota Supreme Court · 1897
3Cited by1 opinion
- Cowart v. AllenSupreme Court of Oklahoma · 1913