Schiller Piano Co. v. Hyde
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by the Schiller Piano Company, a corporation, against Charles L. Hyde, upon renewal promissory notes. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) To point three of the opinion, Appellant cited: Sioux Falls Remedy Co. v. Cope, 28 S. D., 398; Amalgamated Zinc & Lead Co., v. Bay State Min.
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Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by the Schiller Piano Company, a corporation, against Charles L. Hyde, upon renewal promissory notes. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) To point three of the opinion, Appellant cited: Sioux Falls Remedy Co. v. Cope, 28 S. D., 398; Amalgamated Zinc & Lead Co., v. Bay State Min. Co., 23 L. R. A., (¡N. S.) (4) To point four, Respondent cited: In re Flemings Estate (S. D.) 173 N. W. 836; State ex rel Berge C. Patterson, 18 S. D. 260.
1Opinion of the CourtGates, J.
This cause was before this court on a former appeal, Schiller Piano Co. v. Hyde, 39 S. D. 74, 162 N. W. 937, to which reference is made. From a verdict and judgment for plaintiff upon, a second trial and from- an order 'denying new trial defendant appeals.
[1] Among appellant’s 92 assignments of error some 70 of *584them relate to rulings on evidence; others -relate to the refusal of requested instructions and to instructions given the jury. In the view we take of this case the trial court should have directed a verdict for plaintiff; therefore a consideration of the above assignments- of error…
2Cases cited4 opinions
- Hennessy v. BaconSupreme Court of the United States · 1890
- Cleaveland v. RichardsonSupreme Court of the United States · 1889
- Schiller Piano Co. v. HydeSouth Dakota Supreme Court · 1917
- Coffin v. SmithSouth Dakota Supreme Court · 1910
3Cited by3 opinions
- Western Electric Co. v. DormanSouth Dakota Supreme Court · 1924
- Friend & Son, Inc. v. SchmidtSouth Dakota Supreme Court · 1930
- State Bank v. RyanSouth Dakota Supreme Court · 1925