State v. Western Surety Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hpn. Joseph W. Jones, Judge. Action by the State' against the Western Surety Company./ From a judgment for plaintiff, defendant appeals. An individual executing an instrument already signed by others named as parties to it, thereby becomes a party to the instrument and is bound by it, • although not named in the body of the writing.
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Appeal from Circuit Court, Minnehaha County. Hpn. Joseph W. Jones, Judge. Action by the State' against the Western Surety Company./ From a judgment for plaintiff, defendant appeals. An individual executing an instrument already signed by others named as parties to it, thereby becomes a party to the instrument and is bound by it, • although not named in the body of the writing. Perkins v. Goodman, 21 Barb. 218; Smith v. Crook-er, 5 Mass. 538; Thomas v. Gumaer, 7 Wend. 43; ex parte Fulton, 7 Cow. 484; Seheid v. Reibschultz, 51 Ind. 38; Potter v. State, 23 Ind. 550.' A contract with several…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiff upon a stipulation of facts. The action was instituted to recover of the surety company $500 on account of a defaulted undertaking in a criminal action prosecuted by the state of South Dakota against John Magnus. The material parts of the undertaking are as follows: “State of South Dakota, County of Hamlin — ss.: In justice court, before M. H. Newton, J. P. An order having been made on the 26th day of June, A. D. 1908. * * * that John Magnus be held to answer upon the charge of selling intoxicating liquors…
2Cases cited2 opinions
- People v. DennisMichigan Supreme Court · 1857
- Brown v. BrownSouth Dakota Supreme Court · 1900
3Cited by6 opinions
- Canyon Lake Park, L.L.C. v. Loftus Dental, P.C.South Dakota Supreme Court · 2005
- Palmer v. BakerSouth Dakota Supreme Court · 1922
- Argo Oil Corporation v. LathropSouth Dakota Supreme Court · 1957
- Dave Gustafson & Co. v. S.D. Highway CommissionSouth Dakota Supreme Court · 1975
- Ballard v. Western Surety Co.South Dakota Supreme Court · 1926
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