Avery v. Peterson
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Avery Company, a corporation, against J. N. Peterson, upon a promissory note and -a chattel mortgage securing same. From an order granting to plaintiff a new trial after entry and docketing of judgment-in his favor, defendant appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Avery Company, a corporation, against J. N. Peterson, upon a promissory note and -a chattel mortgage securing same. From an order granting to plaintiff a new trial after entry and docketing of judgment-in his favor, defendant appeals. (i) To point one of the opinon,' Appellant cited: 2 Cyc. 650; Murphy v. Spaulding, 46 N. Y. 556; 3 Corpus Juris, Secs. 512, 53 Respondent cited: Franklin L. Fisher Co. v. Woods, 79 N. E. 836, 187 N. Y. 90; 2 Cyc. 657; 3 Corpus Juris, p. 680; Tama County v. Melendy, 55 Iowa, 395,…
1Opinion of the Court
McCOY; J.
[1] The complaint stated a cause of action on a promissory note and chattel mortgage, asking judgment for $1,* 485, the amount of such note, and that the same be adjudged a lien upon certain machinery. Defendant answered, pleading' a failure of consideration of said note, and a counterclaim for $1,183, which counterclaim plaintiff made proper reply. On the trial the jury returned -a verdict in favor of plaintiff for $233.50, and also found the plaintiff was entitled to the immediate possession of certain machinery. Plaintiff caused judgment to be entered and docketed in said action…
2Cases cited12 opinions
- Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
- Carlson v. BentonNebraska Supreme Court · 1902
- Tuttle v. TuttleNorth Dakota Supreme Court · 1909
- Hall v. McCormickSupreme Court of Minnesota · 1883
- Warner v. LockerbySupreme Court of Minnesota · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Davis v. WhitmoreArizona Supreme Court · 1934
- Marruffo v. McDonaldArizona Supreme Court · 1957