Small v. Elliott
South Dakota Supreme Court
■ Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by L. Linn Small, as receiver of the American Banking & Trust Company, against E. J. Elliott, impleaded with others upon certain promissory notes. From a judgment for defendant, and an order denying his motion for a new trial, plaintiff appeals. The answer of defendant Elliott did not state facts sufficient to constitute a defense to the action.
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■ Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by L. Linn Small, as receiver of the American Banking & Trust Company, against E. J. Elliott, impleaded with others upon certain promissory notes. From a judgment for defendant, and an order denying his motion for a new trial, plaintiff appeals. The answer of defendant Elliott did not state facts sufficient to constitute a defense to the action. First, because parol evidence cannot be received to release defendant, second, because it fails to allege that defendant was authorized by his principal to execute the…
1Opinion of the CourtHaney, J.
Plaintiff, as receiver of the original payee, seeks to hold defendant Elliott personally liable upon the following guaranty,'indorsed on two promissory notes, executed to the American Banking & Trust Company by the Granite City Manufacturing Company: “For value received, we hereby guaranty the payment of the-within note at maturity, or at any time thereafter, with interest at the rate of 8 per cent, per annum until paid, waiving demand, notice of nonpayment, and protest. [Signed] J. A. Cooley. G. H. Marsh. B. R. Cooley. E. J. Elliott, Pt.” Defendant admits, in his answer, that he signed the…
2Cases cited7 opinions
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Frankland v. JohnsonIllinois Supreme Court · 1893
- Brunswick-Balke Collender Co. v. BoutellSupreme Court of Minnesota · 1890
- Miller v. WaySouth Dakota Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McFarland v. ShawTexas Commission of Appeals · 1932
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Alex Woldert Co. v. Citizens' Bank of Ft. ValleyCourt of Appeals of Texas · 1921
- Ellis v. StoneNew Mexico Supreme Court · 1916
- Smith v. JohnsonSouth Dakota Supreme Court · 1912