First National Bank of Frederick v. McIlvaine
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by the First National Bank of Frederick, Wisconsin, against C. N. Mcllvaine, on promissory notes and notes in renewal thereof. From a judgment for plaintiff on a directed verdict, and from an order denying a new trial, defendant appeals. As a condition precedent to plaintiff’s right to recover on the original notes, renewal notes must have been delivered up for cancellation.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by the First National Bank of Frederick, Wisconsin, against C. N. Mcllvaine, on promissory notes and notes in renewal thereof. From a judgment for plaintiff on a directed verdict, and from an order denying a new trial, defendant appeals. As a condition precedent to plaintiff’s right to recover on the original notes, renewal notes must have been delivered up for cancellation. No proof was made as to their non-payment, and no evidence of their being owned or in the possession of the plaintiff was introduced, and hence,…
1Opinion of the CourtGates, J.
Action on two promissory notes. The first cause of action alleged the execution and delivery by defendant and three other persons of a promissory note for $1,000, a small in-dorsement thereon, the giving of a renewal note three months thereafter, the giving of a second renewal note three months after ■the first renewal, and nonpayment of any of said notes. The second cause of action was upon a note for $1,500, and contains similar allegations. The answer, except as it admitted the execution of the original notes and the corporate capacity of plaintiff, was a general denial. There was also, an…
2Cases cited6 opinions
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Howie v. BratrudSouth Dakota Supreme Court · 1901
- Nichols & Shepard Co. v. MarshallSouth Dakota Supreme Court · 1911
- Davis v. C. & J. Michel Brewing Co.South Dakota Supreme Court · 1913
- Yeager v. South Dakota Central Railway Co.South Dakota Supreme Court · 1913
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