School District No. 61 v. Alderson
Supreme Court Of The Territory Of Dakota
APPEAL from tliedistrict court, Minnehaha county; Hon. C S. Palmer, Judge. The court was not justified in directing the jury to find for the plaintiff.
Read the full summary
APPEAL from tliedistrict court, Minnehaha county; Hon. C S. Palmer, Judge. The court was not justified in directing the jury to find for the plaintiff. The testimony given clearly shows that the defendant- Collins, While acting as treasurer of plaintiff, embezzled about $800 of its money, and the plaintiff, by its officers, threatened to arrest and prosecute him criminally therefor, and that the note in suit was signed by the defendant Alderson solely upon the agreement of the plaintiff and its officers that they would not prosecute Collins for the offense with which they charged him. Any…
1Opinion of the CourtTripp, C. J.
This is an action upon a promissory note made to the plaintiff by the defendants, Collins and Alderson, for the sum of $150 and interest. The defendant Collins makes default. The defendant Alderson appears and answers, setting up three defenses: (1) He pleads a general denial. (2) He denies specially-the incorporation of plaintiff. (3) He alleges that Collins, his co-defendant, was, during the years 1882, 1883, 1884, 1885, and a part of 1886, treasurer of plaintiff school district, and that as such treasurer he appropriated to his own use of the moneys of said district a sum exceeding $800,…
2Cases cited16 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Beach v. LeahySupreme Court of Kansas · 1873
- Stuart v. School District No. 1Michigan Supreme Court · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Minot Special School District Number One v. OlsnessNorth Dakota Supreme Court · 1926
- Law Capital, Inc. v. KetteringSouth Dakota Supreme Court · 2013
- Fidelity & Deposit Co. of Maryland v. Grand Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Yowell v. WalkerSupreme Court of Louisiana · 1906
3 more not listed; retrieve them via the Exa API.