Piper v. Hagen
South Dakota Supreme Court
Appeal from Circuit Court, Beadle Count}-. Hon. Auva E. Tayi.or, Judge. Actions by J. R. Piper and O. 'S. Hagen against Harry J. . Steele upon a promissory note in which Steele petitioned for leave to bring the amount claimed into court, and 'that his adversaries litigate between themselves; the actions being consolidated.
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Appeal from Circuit Court, Beadle Count}-. Hon. Auva E. Tayi.or, Judge. Actions by J. R. Piper and O. 'S. Hagen against Harry J. . Steele upon a promissory note in which Steele petitioned for leave to bring the amount claimed into court, and 'that his adversaries litigate between themselves; the actions being consolidated. On the issues between Piper and Hagen, judgment, upon a directed verdict, was for Plagien, from which judgment, and from an order denying- a new trial, Piper appeals. At the time L/ucy A. Wade placed her name upon the note that signature was not an order upon H. J. -Steele…
1Opinion of the CourtPoleey, J.
[1] Appellant and respondent, each- claiming to be the owner of a certain promissory note, commenced separate actions to recover thereon. Pllarry J. -Steele, the maker of the note and the defendant in both action's, filed a petition in each action, asking to be allowed to deposit in court the amount due on -the note; that the plaintiff in each action be required to interplead in the other; and that .'he 'be relieved from further liability in either action. These petitions were granted by the court, by the making of two separate orders. In the case of Piper v. Steele, the order substituted…
2Cited by2 opinions
- Harris v. EsterbrookSouth Dakota Supreme Court · 1929
- Frana v. RollinsSouth Dakota Supreme Court · 1931