Sykes v. First National Bank
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Frank R. Aikens, Judge. Action against the defendant to enforce the payment of money. A verdict was directed for plaintiffs and judgment ■ thereupon entered. Defendant appeals.
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Appeal from circuit court, Lincoln county. Hon. Frank R. Aikens, Judge. Action against the defendant to enforce the payment of money. A verdict was directed for plaintiffs and judgment ■ thereupon entered. Defendant appeals. The plaintiffs could predicate no liability on the assignment, because it did not become operative, they never acted on ' the faith of it, in fact, they accepted another arrangement to effect its object, — pay for the work, and this arrangement was so antagonistic to the first, the two could not stand together. The rule in such case is that the latter arrangement, ' or…
1Opinion of the CourtCorson, J.
This is an action brought by plaintiffs to enforce the payment of the sum of $7,088 alleged to have been assigned to plaintiffs by one Pattee, which bad come into the possession of the defendant with notice of the assignment. The action was tried to a jury, and a verdict and judgment directed by the court in favor of plaintiffs. Motion for a new trial was made and overruled,. and defend ant appeals to this court from the judgment and order. The - plaintiffs in their complaint allege that in April, 1888, a contract was entered into between one Pattee and the board of trustees of the Dakota…
2Cases cited18 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Brill v. . TuttleNew York Court of Appeals · 1880
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Grain v. AldrichCalifornia Supreme Court · 1869
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3Cited by13 opinions
- Frank Sullivan Company v. Midwest Sheet Metal WorksCourt of Appeals for the Eighth Circuit · 1964
- Burleigh v. HechtSouth Dakota Supreme Court · 1908
- Barnes v. ShattuckArizona Supreme Court · 1911
- Ross v. PageNorth Dakota Supreme Court · 1903
- Meyer v. School District No. 31South Dakota Supreme Court · 1893
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