Legal Opinion

Sykes v. First National Bank

South Dakota Supreme Court

Decided October 20, 1891PublishedCited by 13 opinions

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

  1. Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
  2. Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
  3. Brill v. . TuttleNew York Court of Appeals · 1880
  4. First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
  5. Grain v. AldrichCalifornia Supreme Court · 1869

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Frank Sullivan Company v. Midwest Sheet Metal WorksCourt of Appeals for the Eighth Circuit · 1964
  2. Burleigh v. HechtSouth Dakota Supreme Court · 1908
  3. Barnes v. ShattuckArizona Supreme Court · 1911
  4. Ross v. PageNorth Dakota Supreme Court · 1903
  5. Meyer v. School District No. 31South Dakota Supreme Court · 1893

8 more not listed; retrieve them via the Exa API.

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