D. M. Osborne & Co. v. Stringham
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. This is the second appeal in this case, which is an action upon a promissory note. The plaintiff had judgment, and on the first appeal the case was reversed and remanded for a new trial. Upon the new trial the plaintiff again had judgment and the defendants appeal.
1Opinion of the CourtFuller, J.
This was an action predicated upon a promissory note for $190.82, executed by the defendant N. E. String-ham to the plaintiff D.’M. Osborne & Co., and guarantied by the defendant A. J. Stringham. Defendants, by their answer, admit both the execution of the note and the guaranty, but allege, in substance, that prior to the execution and delivery of the note the plaintiff and defendant N. E. Stringham entered into an agreement in writing, whereby the said N. E. Stringham, in consideration of certain commissions' and compensations therein specified, became the agent of plaintiff to sell certain…
2Cases cited4 opinions
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- D. M. Osborne & Co. v. StringhamSouth Dakota Supreme Court · 1890
- McClelland v. JamesSupreme Court of Iowa · 1871
3Cited by15 opinions
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- Cornelius v. FergusonSouth Dakota Supreme Court · 1909
- Mt. Vernon Refrigerating Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1911
- Christian v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1907
- Miller v. WaySouth Dakota Supreme Court · 1894
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