Merchants Nat. Bank v. Stebbins
South Dakota Supreme Court
Appeal from circuit court, Lawrence county, Hon. Joseph B. Moore, Judge. Action by the Merchants National Bank against William R„ Stebbins and others. From a judgment in favor of defendants, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county, Hon. Joseph B. Moore, Judge. Action by the Merchants National Bank against William R„ Stebbins and others. From a judgment in favor of defendants, plaintiff appeals. The facts are stated in the opinion. Unless an intention to the contrary can be shown, persons engaged in any business.or adventure, and sharing the profits derived from it, are partners as regards that business or adventure, i Bindley, partnerships Star pages 18, 19, 22 and notes; Duryea v. Whit-comb, 31 Vt. 395; Beauregard v. Case, 91 U. S. 134; Stettauer v. Carney, 20 Kas. 474;…
1Opinion of the CourtCorson, J.
From a judgment .rendered upon a former trial in favor of the plaintiff and against the defendants the defendants appealed to this court, and the judgment of the circuit court was reversed, and the case remanded for a new trial. The opinion in that case is reported in 10 S. D. 466, 74 N. W. 199. A new trial was had resulting in a directed verdict in favor of the defendants at the close of all the evidence, and the present appeal is taken from the judgment and order denying a new trial. The question presented upon this appeal is, did the court err in directing a verdict in favor of the…
2Cases cited6 opinions
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Warder, Bushnell & Glessner Co. v. IngliSouth Dakota Supreme Court · 1890
- Pirie v. GillittNorth Dakota Supreme Court · 1891
- Merchants' Nat. Bank v. StebbinsSouth Dakota Supreme Court · 1898
- Chicago G. W. Ry. Co. v. HealyCourt of Appeals for the Eighth Circuit · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Federal Intermediate Credit Bank of Omaha v. L'HerissonCourt of Appeals for the Eighth Circuit · 1929
- Johnson v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1946
- Morrell Livestock Co. v. Stockman's Commission Co.South Dakota Supreme Court · 1957
- Ernster v. ChristiansonSouth Dakota Supreme Court · 1909
- Clinkscales v. Wisconsin Granite Co.South Dakota Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.