South Dakota Central Railway Co. v. Smith
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by the South Dakota Central Railway Company against O. H. Smith. Judgment for defendant, and plaintiff appeals.
1Opinion of the Court
. FUDDER, J.
Failure of consideration was the defense to this action_on respondent’s non-negotiable promissory note for *211$500 executed to (appellant in aid of the construction of its railway. It appears from the oral testimony and the right of way contract signed 'by respondent that P. F. Sherman, president of the railway ■company,, proposed to construct and operate his line as located “over, through ,iand across the extreme west side of section twenty-three (23), township one hundred and five (105), range fifty-one (51), provided -respondent, the owner of such section, and other interested'…
2Cases cited4 opinions
- Kennedy v. FaldeSupreme Court Of The Territory Of Dakota · 1886
- Uhe v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Wheaton v. Liverpool & London & Globe Ins.South Dakota Supreme Court · 1905
- Winn v. SanbornSouth Dakota Supreme Court · 1897
3Cited by5 opinions
- State v. EllefsonSouth Dakota Supreme Court · 1980
- Independent Harvester Co. v. AndersonSouth Dakota Supreme Court · 1921
- Green v. MahoneySouth Dakota Supreme Court · 1944
- Rosholt v. WoulphSouth Dakota Supreme Court · 1918
- State v. EllefsonSouth Dakota Supreme Court · 1980