Black Hills Nat'l Bank v. Kellogg
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action upon a promissory note. Prom a judgment for defendant Washabaugh, and an order denying a new trial, plaintiff appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action upon a promissory note. Prom a judgment for defendant Washabaugh, and an order denying a new trial, plaintiff appeals. The facts are fully stated in the opinion. When the defendants gave to plaintiff their renewal note and obtained from it not only an extension of time on the debt for six months, but also the surrender of the first note with Hall’s indorsement thereon to the bank, that was a valid consideration for the execution of the same, no matter what were the equities between Hall and the defendants on-the…
1Opinion of the CourtCorson, J.
This was an action to recover the principal and interest claimed to be due on a--promissory note executed by the respondent and one Kellogg to the plaintiff. The defendant Kellogg did not answer, and the respondent served a separate answer, in which he set up in substance, as a defense, that the note in controversy was -the renewal of anote executed by himself and said Kellogg to H. S. Hall, and that the only consideration for said note was an agreement executed by said Hall, of which the following is a copy: “Rapid City, Dakota, December 30, 1885. Received of Frank J. Washabaugh the sum of…
2Cases cited9 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
- First National Bank v. Town of New MilfordSupreme Court of Connecticut · 1869
- Farmers & Traders Bank v. Kimball Milling Co.South Dakota Supreme Court · 1890
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3Cited by19 opinions
- Goldstein v. Union National BankTexas Supreme Court · 1919
- Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
- Federal Intermediate Credit Bank of Omaha v. L'HerissonCourt of Appeals for the Eighth Circuit · 1929
- Mays v. First State Bank of KellerTexas Commission of Appeals · 1923
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
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