Citizens State Bank v. Rosenberger
South Dakota Supreme Court
Appeal from Circuit Court. Walworth County. Han. Joseph PI. Bottom, Judge. n Action 'by Citizens State Bank of Mobridge, a corporation, aga-inist P. B. Rosenberger, and the Interstate Surety Company, a corporation, to recover upon ¡a doinlbract of indemnity. From ■an order overruling a idemurreir to the complaint, defendants appeal.
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Appeal from Circuit Court. Walworth County. Han. Joseph PI. Bottom, Judge. n Action 'by Citizens State Bank of Mobridge, a corporation, aga-inist P. B. Rosenberger, and the Interstate Surety Company, a corporation, to recover upon ¡a doinlbract of indemnity. From ■an order overruling a idemurreir to the complaint, defendants appeal. (i) To point one lo'f the opinion, Appellant cited: 9 Cyc. 483; Note 52 in 9 Cyc. 484, and Annotations; Hayes v. Kyle, 8 Allen (Mass-.) 300; Giv Code, Sec. 1271, i960; Timm v. Grand RapidJs Brewing Co., 125 N. W. 357; 27 L. R. A. Ns. 186; Affiibooe v. Ames, (S'.…
1Opinion of the CourtMcCOY, J.
Plaintiff’9 'complaint iis in substance as follows: That one Rosenbergeir amid one Charles entered) into a written cootra'ct whereby said' Rosenberger agreed to sell to said Charles certain lands owned and held by Indian wards of the United States government; that the regulation© of -the Department of the Interior required that one-fourth of the purchase price of said lands be paid ini clash and remitted to the authorized! agent of th‘e Department of the Interior; that by ithe terms of said contract for the ©ale of ©aid land it was agreed that, if title ito said Hands and itlhie approval loif…
2Cases cited2 opinions
- Mutual Accident Ass'n of the Northwest v. JacobsIllinois Supreme Court · 1892
- Anderson v. Pacific BankCalifornia Supreme Court · 1896
3Cited by1 opinion
- Citizens State Bank v. Interstate Surety Co.South Dakota Supreme Court · 1920