Reid v. Kellogg
South Dakota Supreme Court
Error to circuit court, Aurora county. Hon. D. Haney, Judge. Action to compel defendant to satisfy and release a real estate mortgage, and to recover statutory penalty. Plaintiffs had judgment, and defendant appeals. The facts are stated in the opinion. As between Downing & Lumley and Mrs. Kellogg the relation of principal and agent never existed. Mechem on Agency, § 1; Ewells Evans’ Agency, § 1; Williams v. Walker, 2 Sandf.
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Error to circuit court, Aurora county. Hon. D. Haney, Judge. Action to compel defendant to satisfy and release a real estate mortgage, and to recover statutory penalty. Plaintiffs had judgment, and defendant appeals. The facts are stated in the opinion. As between Downing & Lumley and Mrs. Kellogg the relation of principal and agent never existed. Mechem on Agency, § 1; Ewells Evans’ Agency, § 1; Williams v. Walker, 2 Sandf. Ch. 826, and cases cited; Doubleday v. Kress, 50 N. Y. 364; Brewster v. Carnee, 103 N. Y. 564; Stiger v. Bent, 111 Ill. 338; Henn v. Conisby, 1 Ch. Cas. 93; Wostenholme…
1Opinion of the CourtCorson, P. J.
This was an action to compel the defendant to satisfy a mortgage, alleged by the plaintiffs to have been paid. The defendant, by her answer, denied the payment, and by way of counterclaim demanded the foreclosure of the mortgage. Findings and judgment were in favor of the plaintiffs, *599and the defendant appeals. The case was tried by tbe court, special issues having been submiited to and passed upon by a jury.
The facts necessary to a proper understanding of the case may be briefly stated as follows: In June, 1887, the plaintiffs obtained a loan of $1,600 from Downing & Lumley, who were bankers…
2Cases cited3 opinions
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Security Co. v. RichardsonU.S. Circuit Court for the Southern District of Iowa · 1887
- South Bend Toy Manuf'g Co. v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1892
3Cited by16 opinions
- Campbell v. GowansUtah Supreme Court · 1909
- Harrison v. LegoreSupreme Court of Iowa · 1899
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
- Breeden v. MartensSouth Dakota Supreme Court · 1907
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