Legal Opinion

McAdam v. Vallenthime

South Dakota Supreme Court

Decided March 26, 1918No. File No. 4090PublishedCited by 2 opinions

Appeal from Gkeiuit 'Court, Gustar Cclunty. Hon. Levi McGee, Judge. Action by Robert McA'dam and W. F. McAdiam, copartners as Me A'dam Company, against John Vallenthime and Ernest Bellernare, copartners as Bellemare & Vallentoiirae, and Ernest Belle-mare, to recover for value loif goods sold by plaintiffs to defendants. From a judgment for plaintiffs, and from an order denying a new trial, defendant Ernest Bellemare appeals.

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Appeal from Gkeiuit 'Court, Gustar Cclunty. Hon. Levi McGee, Judge. Action by Robert McA'dam and W. F. McAdiam, copartners as Me A'dam Company, against John Vallenthime and Ernest Bellernare, copartners as Bellemare & Vallentoiirae, and Ernest Belle-mare, to recover for value loif goods sold by plaintiffs to defendants. From a judgment for plaintiffs, and from an order denying a new trial, defendant Ernest Bellemare appeals. (i) To point one of the opinion, Appellant cited: Wood v. Dodge, 23 S. D. 95; 120 N. W. 774; Clapp v. Webb, 52 Wis. 638; 9 N. W. 796.

1Opinion of the CourtSmith, J.

Plaintiff’s firm', who are respondents here, kept a general store at Cusiter City. Defendant’s firm, composed of Vallenthime & Bellemare, who is appellant, were engaged in the seed business a't Custer. Merchandise was purchased at respondent’s store both by Vallenthime and on joint account of Belle-mare anid Vaáletoime. The merchandise purchased on joint account of Bellemare and Vallenthime wais delivered to certain catnips in which Vafflentbime and Bellemare were jointly interested; 'the balance of the goods sued' for were delivered to Vallenthime for his family use. Respondent sued…

2Cases cited3 opinions

  1. Wood v. DodgeSouth Dakota Supreme Court · 1909
  2. Sprick Bros. Investment Co. v. WhippleSouth Dakota Supreme Court · 1914
  3. Hepner v. WheatleySouth Dakota Supreme Court · 1914

3Cited by2 opinions

  1. Hansen v. G.G.F. Holdings, Inc.South Dakota Supreme Court · 1985
  2. First Nat. Bank v. HammerSouth Dakota Supreme Court · 1928

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