Rowe v. Scott
South Dakota Supreme Court
Appeal From Circuit Court, Minnehaha County; Hon. J. AY. Jones, Judge. Action by James Rowe against Mark D. Scott, impleaded with others, defended by Scott alone. Judgment for plaintiff, and defendant Scott appeals.
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Appeal From Circuit Court, Minnehaha County; Hon. J. AY. Jones, Judge. Action by James Rowe against Mark D. Scott, impleaded with others, defended by Scott alone. Judgment for plaintiff, and defendant Scott appeals. Respondent, knowing that the notes were part of a series and that the payment of part of the notes had been refused, and knowing that two of them were many months past due, and also knowing of facts which were sufficient to justify the conclusion that all of the notes were given for a single consideration was not an endorsee in due course as to any of the notes. Bank of Fort…
1Opinion of the CourtHaney, J.
This is an action to foreclose a chattel mortgage given to secure the payment of nine promissory notes, payable to the American Type Founders’ Company, of which the plaintiff claims to be an indorsee in due course. The complaint is in the usual form. Defendants Eva K. Scott and Hibbard Patterson .do not appear to have answered. Defendant Mark D. Scott’s answer contains ix paragraphs, numbered consecutively. Pie apparently attempted to plead two separate defenses and one counterclaim, but neither division of the answer is complete in itself. No objection having been made to its form, the…
2Cases cited11 opinions
- Buchanan v. Berkshire Life InsuranceIndiana Supreme Court · 1883
- Moore v. SargentIndiana Supreme Court · 1887
- Harrington v. H. B. Claflin & Co.Texas Supreme Court · 1897
- Green v. LouthainIndiana Supreme Court · 1874
- Jones v. SchulmeyerIndiana Supreme Court · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Marion National Bank v. HardenWest Virginia Supreme Court · 1918
- Beverage Co. v. Villa Marie Co.South Dakota Supreme Court · 1944
- Cedar Rapids National Bank v. SnoozyNorth Dakota Supreme Court · 1927