Waite v. Frank
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Moore, Judge. Hon. Joseph B. Action by Charles Waite against Alpheus E. Frank. From a judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. The mere fact that the sales were for a future delivery does not even tend to invalidate the contract (8th Am. and Eng.
Read the full summary
Appeal from circuit court, Lawrence county. Moore, Judge. Hon. Joseph B. Action by Charles Waite against Alpheus E. Frank. From a judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. The mere fact that the sales were for a future delivery does not even tend to invalidate the contract (8th Am. and Eng. Ency. p. 1004; Wall v. Schneider, 59 Wis. 352). The mere fact that a margin was deposited to protect the broker in making purchases and sales does not in anywise show that the contract was illegal. Wall v. Schneider, 59 Wis. 352; Preston v. Cincinnati R. Co.,…
1Opinion of the CourtCorson, J.
This is an action for the foreclosure of a real-estate mortgage given to secure the payment of a promissory note for $1,000 executed by the defendant to the plaintiff. Judgment for the .defendant, and the plaintiff appeals. As a defense to the action, *629the defendant pleaded that the note in suit was a renewal of a note given by him to the plaintiff in June, 1896, upon the express understanding that the defendant could have the privilege of dealing to the extent of the $1,000, as margins in differences in the future state of the market in grain and provisions at the plaintiff’s place of…
2Cases cited16 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Embrey v. JemisonSupreme Court of the United States · 1889
- Pope v. HankeIllinois Supreme Court · 1894
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Schneider v. TurnerIllinois Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bayer v. JohnsonSouth Dakota Supreme Court · 1984
- Winward v. LincolnSupreme Court of Rhode Island · 1902
- Bayer v. BurkeSouth Dakota Supreme Court · 1983
- Burke Grain Co. v. St. Paul-Mercury Indemnity Co.Court of Appeals for the Eighth Circuit · 1938
- Neve v. DavisSouth Dakota Supreme Court · 2009
8 more not listed; retrieve them via the Exa API.