Dillaway v. Peterson
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Melissa J. Dillaway against George R. Peterson, John H. Chapman, and others, to foreclose a mortgage. Prom a judgment in favor of plaintiff against Chapman only, she appeals. The factss are stated in the opinion. The agreement between the defendants Chapman and Spalding contains all the elements of a partnership agreement and constituted them co-partners.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Melissa J. Dillaway against George R. Peterson, John H. Chapman, and others, to foreclose a mortgage. Prom a judgment in favor of plaintiff against Chapman only, she appeals. The factss are stated in the opinion. The agreement between the defendants Chapman and Spalding contains all the elements of a partnership agreement and constituted them co-partners. They both became equally liable upon any indebtedness or obligation incurred by either in the proper pursuit of the enterprise. Corey v. Caldwell, 49 N: W.…
1Opinion of the CourtFuller, J.
In this action to foreclose a mortgage on cer tain church property, executed to plaintiff by a corporation, the Board of Trustees of the First Methodist Episcopal Church of Sioux Falls, in their official capacity, to secure their joint promissory note,for $8,000, gjven for the exclusive'benefit of said corporation, plaintiff sought to obtain a deficiency judgment against each of them, and also against the defendants John H. Chapman, one of the joint obligors, and John A.Spalding, who, it is alleged, subsequently purchased the property with Chapman as a co-partner, and, as a part of the…
2Cases cited13 opinions
- Spencer v. . SpencerNew York Court of Appeals · 1884
- Granger v. RollSouth Dakota Supreme Court · 1895
- Williams v. . GilliesNew York Court of Appeals · 1878
- Uniontown Bank v. MacKeySupreme Court of the United States · 1891
- Ashby v. ShawSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
- Hampe v. MankeSouth Dakota Supreme Court · 1912
- Miller v. KennedySouth Dakota Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.