Greely v. McCoy
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. F. R. Aikbns, Judge. Action to recover on a guaranty of collection and payment of county warrants. Judgment on demurrer for defendant. Plaintiff appeals. The facts are stated in the opinion. Where a complaint contains the elementary constituents of a good cause of action, a demurrer will’not be sustained. 1 Boone, Code PL §§ 33, 53, 55; Waite’s N. T. Ann.
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Appeal from circuit court, Minnehaha county. Hon. F. R. Aikbns, Judge. Action to recover on a guaranty of collection and payment of county warrants. Judgment on demurrer for defendant. Plaintiff appeals. The facts are stated in the opinion. Where a complaint contains the elementary constituents of a good cause of action, a demurrer will’not be sustained. 1 Boone, Code PL §§ 33, 53, 55; Waite’s N. T. Ann. Code, 235. On demurrer all reasonable intendments will be made in support of the pleading demurred to. Lorillard v. Clyde, 86 N. Y. 384; 1 Boone, Code PL §§ 54, 273; Comp. Laws, § 4924. A…
1Opinion of the CourtKellam, P. J.
The complaint alleges that respondent sold to appellant a number of county warrants, therein particulary described, and, as a part of the transaction, executed and delivered to him a written guaranty, as follows: ‘For value received, I hereby guaranty that the above lists of warrants are genuine, and, having this dáy sold the same to Charles A. Greely, I hereby *220guaranty their collection and payment.within five years from the date thereof.” The complaint then further alleges “that subsequent to the making, sale, and delivery of said warrants as aforesaid, and of said guaranty by Charles T.…
2Cases cited1 opinion
- Tuton v. ThayerNew York Supreme Court · 1873
3Cited by3 opinions
- Greely v. McCoySouth Dakota Supreme Court · 1893
- Rochford v. School Dist. No. 11South Dakota Supreme Court · 1903
- Rochford v. School Dist. No. 6South Dakota Supreme Court · 1905