Sweeny v. United Underwriters Co.
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. C. X. Seward, Judge. Action by Polly R.‘ Sweeney against the United Underwriters Company, for rescission of a conditional sale of corporate stock by defendant to plaintiff, and for recovery back of purchase money. From a judgment for defendant entered upon a directed verdict, and from an order denying a new trial, plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Codington County. Hon. C. X. Seward, Judge. Action by Polly R.‘ Sweeney against the United Underwriters Company, for rescission of a conditional sale of corporate stock by defendant to plaintiff, and for recovery back of purchase money. From a judgment for defendant entered upon a directed verdict, and from an order denying a new trial, plaintiff appeals. The plaintiff contends on this appeal that at the time of the conversations between Peace and. this plaintiff on the Saturday evening, December 7th, when Peace induced her to purchase this stock and on the Sunday…
1Opinion of the CourtWhiting, J.
This action was brought in the municipal court of the city of Watertown, and was before the court upon an appeal from an order overruling a demurrer to the complaint. The decision of this court will be found in 25 S. D. 1, 124 N. W. 1107, wherein it was held that the action was one based upon an alleged rescission of a contract. It would appear that the action was afterwards tried in the municipal court and then in the circuit court. Upon the last trial, after plaintiff's evidence had all been submitted, the defendant moved for a directed verdict. This motion was granted, verdict and judgment…
2Cases cited22 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Pratt v. . ShortNew York Court of Appeals · 1880
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Miller v. HernandezSouth Dakota Supreme Court · 1994
- Schulte v. Boulevard Gardens Land Co.California Supreme Court · 1913
- Clement v. RoweSouth Dakota Supreme Court · 1914
- Downs v. Jersey Central Power, C., Co.New Jersey Court of Chancery · 1934
- Wright v. Iowa Power & Light Co.Supreme Court of Iowa · 1937
4 more not listed; retrieve them via the Exa API.