Laney v. Ingalls
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action on a promissory note. From a judgment for plaintiff for a part, only, of his claim, he appeals. The facts are stated in the opinion. An unliquidated partial failure of consideration in the absence of statute is no defense to an action on a promissory note, but the defendant is left to his remedy in damages on breach of contract. Dan. Neg. Instr. Sec. 202; Randolph Com. Pa.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action on a promissory note. From a judgment for plaintiff for a part, only, of his claim, he appeals. The facts are stated in the opinion. An unliquidated partial failure of consideration in the absence of statute is no defense to an action on a promissory note, but the defendant is left to his remedy in damages on breach of contract. Dan. Neg. Instr. Sec. 202; Randolph Com. Pa. Sec. 540; Evenson v. Williamson, 79 North Car. 86; Stone v. Peak, 16 Verm. 218; Drew v. Towley, 27 New Ham. 412; Detrick v. McClore, 46 Ind.…
1Opinion of the CourtPuller, J.
This action is upon a promissory note for $150. The answer, after admitting the executing and delivery of the note, and that the same is past due, unpaid, and the property of the plaintiff, contains the following affirmative allegations: “Second. And, for a further answer and defense herein, this defendant alleges that said note was given for the purchase price of one bull that was sold by the plaintiff to the defendant for the sum of one hundred and fifty dollars ($150); that, at the time of the purchase of said bull, plaintiff warranted to defendant that said bull was a full-blooded…
2Cases cited15 opinions
- Carey v. GuillowMassachusetts Supreme Judicial Court · 1870
- Waterman v. ClarkIllinois Supreme Court · 1875
- Parker v. KellyWisconsin Supreme Court · 1884
- Central Bank of Wisconsin v. St. JohnWisconsin Supreme Court · 1863
- Stevens v. JohnsonSupreme Court of Minnesota · 1881
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3Cited by11 opinions
- Northwestern Port Huron Co. v. IversonSouth Dakota Supreme Court · 1908
- Cargill, Inc. v. Elliott Farms, Inc.South Dakota Supreme Court · 1985
- McHard v. WilliamsSouth Dakota Supreme Court · 1896
- Kent Feeds, Inc. v. StahlSouth Dakota Supreme Court · 1976
- Longpre v. SchmeleSouth Dakota Supreme Court · 1935
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