Home Inv. Co. v. Clarson
South Dakota Supreme Court
Appeal from circuit court, Sanborn county. Hon. Frank B. Smith, Judge. Suit by the Home Investment Company against George Clarson and another. From a decree for plaintiff, defendant the McCormick Harvesting Machine Company, appeals.
1Opinion of the CourtCorson, J.
This is an appeal from an order overruling the demurrer to the complaint, and the only question to be determined is, does the complaint state facts sufficient to entitle plaintiff to the relief demanded? which is, in effect, that it be subrogated to the rights of the mortgagees in two certain mortgages. It is alleged in the complaint, in substance, that on or about the ist day of August, 1886, the defendant, George C. Clarson made and executed to the American Bank and Trust Company one promissory note for the sum of $500, payable, on July 1, 1891, and to. secure the payment of the same he…
2Cases cited4 opinions
- Upton v. HugosSouth Dakota Supreme Court · 1895
- Bank of Ipswich v. BrockSouth Dakota Supreme Court · 1900
- Ricker v. StottSouth Dakota Supreme Court · 1900
- Kalscheuer v. UptonSupreme Court Of The Territory Of Dakota · 1889
3Cited by3 opinions
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
- Home Inv. Co. v. ClarsonSouth Dakota Supreme Court · 1906