Stone v. Crow
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action on a promissory note by endorsee against maker. The defendant answering alleged that the note was not transferred to plaintiff for value before maturity, and set up counter claim against the original payee. Judgment for defendant. Plaintiff appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action on a promissory note by endorsee against maker. The defendant answering alleged that the note was not transferred to plaintiff for value before maturity, and set up counter claim against the original payee. Judgment for defendant. Plaintiff appeals. The facts are fully stated in the opinion. A deposition intended to be read in evidence on the trial must be filed at least one day before the trial. §§ 5292 and 5297, Comp. Laws. The endorsement of a negotiable instrument is presumed to have been made for value before…
1Opinion of the CourtBennett, J.
This was an action by an indorsee of a negotiable promissory note against its maker. The defendant alleges in his answer that the note was not transferred to the plaintiff for value before maturity and in the ordinary course of business, and sets up counter-claims against the original payee *527of the note, claiming partial failure of consideration for which the note was given. The action being founded upon a negotiable promissory note alleged to be in the hands of an innocent purchaser for value before maturity, no defenses against the note could be made available unless it could be established…
2Cases cited2 opinions
- Harlow v. BirgerIllinois Supreme Court · 1863
- Neele v. BerryhillNew York Supreme Court · 1849
3Cited by4 opinions
- Lewis-Hall Iron Works v. BlairCourt of Appeals for the D.C. Circuit · 1928
- Tabb v. McGinleyMissouri Court of Appeals · 1958
- Starkweather v. BellSouth Dakota Supreme Court · 1899
- Coler v. Rhoda School TownshipSouth Dakota Supreme Court · 1895