Legal Opinion

Stebbins v. Lardner

South Dakota Supreme Court

Decided May 28, 1891PublishedCited by 24 opinions

Appeal from the circuit court, Lawrence county. Hon. Charles M. Thomas, Judge. Action upon a promissory note, executed by the defendants Lardner & Moore to Ismon & Ayers, and endorsed by them and by the defendants Ayers and Wardman. Trial to a jury. At the close of the testimony the court directed a verdict for plaintiffs and against Lardner, Moore, Ayers and Ward-man, and judgment was thereupon entered. These defendants appeal to this court.

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Appeal from the circuit court, Lawrence county. Hon. Charles M. Thomas, Judge. Action upon a promissory note, executed by the defendants Lardner & Moore to Ismon & Ayers, and endorsed by them and by the defendants Ayers and Wardman. Trial to a jury. At the close of the testimony the court directed a verdict for plaintiffs and against Lardner, Moore, Ayers and Ward-man, and judgment was thereupon entered. These defendants appeal to this court. The facts so far as material are fully stated in the opinion. The instrument in suit being non-negotiable, no presumptions of ownership can be indulged…

1Opinion of the CourtCorson, J.

This is an action upon a promissory note executed by the defendants Lardner & Moore to Ismon & Ayres, and endorsed by them and by Ayers & Wardman. The case was tried to a jury, and at the close of the testimony of both parties the court directed the jury to find a verdict for the plaintiffs against Lardner, Moore, Ayers and Wardman, and, the jury having so found, a judgment was rendered thereon against them for $2,662.57, the action on the trial having been dismissed as to the firm of Ismon & Ayers. A motion for a new trial was made and overruled, and from the judgment and order an appeal has…

2Cases cited16 opinions

  1. National Bank of the Commonwealth v. Mechanics' National BankSupreme Court of the United States · 1877
  2. Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
  3. First National Bank v. Town of New MilfordSupreme Court of Connecticut · 1869
  4. Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
  5. Willson v. CleavelandCalifornia Supreme Court · 1866

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3Cited by24 opinions

  1. Seattle National Bank v. CarterWashington Supreme Court · 1895
  2. Ormsby v. Phenix Ins.South Dakota Supreme Court · 1894
  3. National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
  4. Black Hills Nat'l Bank v. KelloggSouth Dakota Supreme Court · 1893
  5. Sykes v. First National BankSouth Dakota Supreme Court · 1891

19 more not listed; retrieve them via the Exa API.

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