Black Hills Brewing Co. v. Middle West Fire Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. Wm. G. Rice, Judge. Action by the Black Hills Brewing Company against the Middle West Fire Insurance Company, to recover, as assignee, on a chose in action alleged to -have ‘been purchased under execution against -defendant’s creditor. From, a judgment for' plaintiff, defendant appeal's.
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Appeal from Circuit Court, Lawrence County. Hon. Wm. G. Rice, Judge. Action by the Black Hills Brewing Company against the Middle West Fire Insurance Company, to recover, as assignee, on a chose in action alleged to -have ‘been purchased under execution against -defendant’s creditor. From, a judgment for' plaintiff, defendant appeal's. It is the contention of the appellant herein -that the motion to amend said return was improperly allowed for the following reasons: Second: That the proceeding was had in an action entirely foreign, and the notice given to parties.other than those interested,…
1Opinion of the CourtWhiting, P. J.
One Giljevich was the owner of a house and contents, situated in Lawrence county and insured in the Middle West Fire Insurance Company, defendant and appellant herein. The insured property was destroyed by fire during the lifetime of the policy, and an action was thereafter brought by *323Giljevich against the insurance company to recover upon such policy. Giljevich .and wife were indebted to the Black Hills Brewing Company, plaintiff and respondent herein, and, such indebtedness remaining unpaid, the said brewing company brought an action and recovered a judgment in the circuit court of Lawrence…
2Cases cited2 opinions
- Ireland v. AdairNorth Dakota Supreme Court · 1903
- Flynn v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1904
3Cited by2 opinions
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