Wyckoff v. Johnson
South Dakota Supreme Court
Appeal from circuit court, Lake countyi Hon. Frank R. Aikens, Judge. Action by plaintiff as receiver of a national bank to recover upon a promissory note given by defendant to the bank. The defendant answered, pleading an alteration of the note as a defense. There was a verdict for plaintiff and judgment was thereupon entered. Defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Lake countyi Hon. Frank R. Aikens, Judge. Action by plaintiff as receiver of a national bank to recover upon a promissory note given by defendant to the bank. The defendant answered, pleading an alteration of the note as a defense. There was a verdict for plaintiff and judgment was thereupon entered. Defendant appeals. The facts are fully stated in the opinion. In the collection of the note in suit the receiver stood in the same relation, was subject to the same legal conditions that the bank would have occupied in an attempt to enforce payment before its…
1Opinion of the CourtKellam, P. J.
In this action the complaint alleges organization of the Madison National Bank, under the “national bank act, ” the appointment of respondent as its receiver, and the assumption of his duties as such; that defendant (appellant) made and delivered his promissory note to said bank for $1,000 *94and interest; and that the note was due and entirely unpaid. The answer denied the appointment of plaintiff as receiver, and then proceeded as follows:' "Tldrcl. And, answering the fourth paragraph of said complaint, defendant alleges that for the consideration hereinafter stated, and upon the condition…
2Cases cited5 opinions
- First National Bank v. Town of New MilfordSupreme Court of Connecticut · 1869
- Farmers & Traders Bank v. Kimball Milling Co.South Dakota Supreme Court · 1890
- McClure Bros. v. BriggsSupreme Court of Vermont · 1886
- Eberts v. SeloverMichigan Supreme Court · 1880
- Mercier v. CopelanSupreme Court of Georgia · 1884
3Cited by5 opinions
- First National Bank v. HenryNorth Dakota Supreme Court · 1915
- Security Holding Co. v. JohnsonSouth Dakota Supreme Court · 1930
- Daum v. UrquhartSouth Dakota Supreme Court · 1933
- Union Trust Co. v. PhillipsSouth Dakota Supreme Court · 1895
- State v. ParkerSouth Dakota Supreme Court · 1932