Legal Opinion
U.S. Bank National Ass'n v. Scott
South Dakota Supreme Court
Decided December 23, 2003No. NonePublishedCited by 10 opinions
1Opinion of the Court
ENG, Circuit Judge.
[¶ 1.] U.S. Bank National Association (Bank) alleged that on August 21, 1985, *649Bank’s predecessor in interest, Western Bank, loaned Michael L. Scott and Linda L. Scott (Scotts) $200,000 as represented by a promissory note (note) in that principal amount. The note was subsequently modified through three allonges. Bank contends that when the note matured Scotts owed $109,948.79, plus interest. As an affirmative defense Scotts asserted that the note was paid in full. Neither the Bank nor Scotts had complete records of payments made. As a result, a determining factor below was…
2Cases cited20 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Irma BARGE, Plaintiff-Appellant, v. ANHEUSER-BUSCH, INC., Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1996
- Anne Needham v. White Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1981
- White Industries, Inc. v. Cessna Aircraft Co.District Court, W.D. Missouri · 1985
- In Re the Estate of DokkenSouth Dakota Supreme Court · 2000
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3Cited by10 opinions
- One Star v. Sisters of St. FrancisSouth Dakota Supreme Court · 2008
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- Von Sternberg v. CaffeeSouth Dakota Supreme Court · 2005
- Zhang v. RasmusSouth Dakota Supreme Court · 2019
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