David Bradley & Co. v. Helgerson
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by David Bradley & Co. and another against O. T. Helgerson and others. From an order overruling their demurrer to the complaint, defendants appeal.
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Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by David Bradley & Co. and another against O. T. Helgerson and others. From an order overruling their demurrer to the complaint, defendants appeal. Cited: Smith v. Security Loan & Trust Co., 79 N. W. 98T: Murphy v. Cook, 75 N. W. 387; Merrill v. Hurley, 62 N W. 958; Marvin v.Titsmith, 10 Wis. 261; Rawson v. Lampman, 5 N. Y. 456; Wright v. Douglas, 7 N. Y. 564; Ring v. McCowan, 10 N. Y. 268; Bank v. Morgan, 30 Minn. 165; Witham v. Brooner, 63 111. 344; 2 Perry, Trxrsts, Secs. 298 and 520. Cited contra: Schimerda v.…
1Opinion of the CourtCorson, J.
This is an appeal by the defendants, O. T. Helgerson, Maria B. Helgerson, and H. Orstad, from the order overuling their demurrer to the plaintiffs’ complaint. The demurrer to the complaint was interposed upon the ground that the same did not state facts sufficient to constitute a cause of action.
The facts alleged in the complaint may be briefly stated as follows: That the plaintiff is a corporation; that the defendant O. T. Helgerson, for value received, on or about the 27th of November, 1895, made, executed, and delivered to 'the plaintiff his six promissory notes in writing for the…
2Cases cited4 opinions
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Smith v. Security Loan & Trust Co.North Dakota Supreme Court · 1899
- Murphey v. CookSouth Dakota Supreme Court · 1898
- Shimerda v. WohlfordSouth Dakota Supreme Court · 1900
3Cited by1 opinion
- Warren v. LincolnSouth Dakota Supreme Court · 1931