Dole v. Burleigh
Supreme Court Of The Territory Of Dakota
Appeal from Clay County District Court. This is an action on a promissory note alleged in the com- ■ plaint to bave been executed by defendant to plaintiff April 2d, 1868. A payment was made on the note May 1st, 1872'^ and the complaint alleges “ that since the date of said payment * * ’ * and prior to the commencement of this suit, plaintiff has lost said note without having indorsed, disposed of or transferred the same.”
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Appeal from Clay County District Court. This is an action on a promissory note alleged in the com- ■ plaint to bave been executed by defendant to plaintiff April 2d, 1868. A payment was made on the note May 1st, 1872'^ and the complaint alleges “ that since the date of said payment * * ’ * and prior to the commencement of this suit, plaintiff has lost said note without having indorsed, disposed of or transferred the same.” Judgment is áskéd for the amount due, upon the execution by plaintiff of an indemnity bond. The answer of defendant is in four counts. The first is in the following…
1Opinion of the CourtBaeNes, J.
The first point made by the appellant is that the court below erred in refusing to allow a copy of the alleged lost note or the contents of the note to be given in evidence. That the evidence of the loss was sufficiently established to make this evidence competent, I have no doubt. But I am entirely' unable to discover that the plaintiff was prejudiced by its rejection. To properly understand this question we must advert to the pleadings.
•The complaint, it will be observed, alleges the making and delivery of the note by the defendant to the plaintiff for a valuable consideration. It also…
2Cases cited8 opinions
- Hartwell v. PageWisconsin Supreme Court · 1861
- Thurber v. JonesWisconsin Supreme Court · 1861
- Schaetzel v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1868
- Burdick v. BriggsWisconsin Supreme Court · 1860
- Davidson v. DavidsonWisconsin Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- North v. PetersSupreme Court of the United States · 1891
- Hopkins v. City of RichmondSupreme Court of Virginia · 1915
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
- Anderson v. AlsethSouth Dakota Supreme Court · 1895
- Jandt v. SouthSupreme Court Of The Territory Of Dakota · 1878
5 more not listed; retrieve them via the Exa API.