First National Bank v. Spear
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action upon promissory notes. Plaintiff had judgment and defendant Gustavus Spear appeals. An averment and proof that the payee of the notes had tendered or offered to furnish the lease, or that it was ready and willing to deliver the same, were essential elements in respondent’s cause of notion, and without such proof it cannot recover.
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Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action upon promissory notes. Plaintiff had judgment and defendant Gustavus Spear appeals. An averment and proof that the payee of the notes had tendered or offered to furnish the lease, or that it was ready and willing to deliver the same, were essential elements in respondent’s cause of notion, and without such proof it cannot recover. Hedge, Trustee, v. Gibson. 12 N. W. 713: Parr v. Johnson, 35 Id. 176; Davis v. Jeffries, 5 S. D. 352; 58 N. W. 815; Wood Harv. Go. v. Jefferson, 59 N. W. 532; Ortmann v. Fletcher, 76 Id. 63.…
1Opinion of the CourtCorson, P. J.
This is an action upon five promissory notes, each drawn for the sum of $25, and payable to the Lake Madison Chautauqua Association of South Dakota. The plaintiff was the assignee of these notes, and they, with one other, were given in consideration of one share of the stock of the association and a 99-year lease to a lot of ground belonging to the association. The complaint was in the usual form, and to this the defendant interposed an answer as follows: “That on or about July 18, 1893, this defendant and the Lake Madison *110Chautauqua Association of South Dakota, co-defendant herein, entered…
2Cases cited17 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
- Eddy v. . DavisNew York Court of Appeals · 1889
- Hogan v. KyleWashington Supreme Court · 1894
- Baumann v. . PinckneyNew York Court of Appeals · 1890
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3Cited by2 opinions
- Steensland v. NoelSouth Dakota Supreme Court · 1912
- Farmers' State Bank v. CoutureNorth Dakota Supreme Court · 1920