Tootle v. Petrie
South Dakota Supreme Court
Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Action in claim and delivery. From [an order denying a new trial, after verdict for defendant, plaintiffs appeal. The facts are stated in the opinion. Evidence tending to show an intent on part of an insolvent purchaser to buy without paying for the goods is admissible.
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Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Action in claim and delivery. From [an order denying a new trial, after verdict for defendant, plaintiffs appeal. The facts are stated in the opinion. Evidence tending to show an intent on part of an insolvent purchaser to buy without paying for the goods is admissible. Jordan v. Osgood,. 109 Mass. 457; Moline-Milburn Co. v. Franklin, 33 N. W. 323; Chamberlain v. Fuller, 9 Atl. 832; Farwell v. Hanchett, 11 N. E. 875; Woolner v. Lehman, 4 S. 633; Collins v. Cooley, 14 Atl. 574; McCasker v. Enright, 24 Id. 249; Porter v.…
1Opinion of the CourtFuller, J.
Based upon a claim of ownership and right to immediate possession, this action is against a sheriff, in claim and delivery, to recover the possession of an invoice of merchandise sold and delivered by plaintiffs to the firm of Lavender & Spannagel, and afterwards seized and sold under an execution issued upon a judgment against said firm in favor of one Bogart, another creditor of the partnership. It is alleged and claimed that, by reason of, and relying upon, certain false and fraudulent representations made by the firm of Lavender & Spannagel, respecting their financial condition,…
2Cases cited9 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Snodgrass v. HuntIndiana Supreme Court · 1860
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- Raymond v. ThextonMontana Supreme Court · 1888
- Hanson v. Township of Red RockSouth Dakota Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- D. S. B. Johnston Land-Mort. Co. v. CaseSouth Dakota Supreme Court · 1900
- Phelan v. NearySouth Dakota Supreme Court · 1908
- Meyer v. Davenport Elevator Co.South Dakota Supreme Court · 1899
- Regan v. WhittakerSouth Dakota Supreme Court · 1901
- Wenke v. HallSouth Dakota Supreme Court · 1903