Bankers' Nat. Bank v. Security Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by the Bankers’ National Bank against the Security Trust Company. From an order denying a motion to make Marcus P. Beebe a party, defendant appeals.
1Opinion of the CourtFuller, J.
As a complete defense to this action on a promissory note by an alleged indorsee for value before maturity, it is stated in the answer'that Marcus P. Beebe, to whom such note was executed and delivered without consideration, still owns the same, “and that the transfer, if any, of said *419note to plaintiff, was colorable, merely, and without consideration. ” By way of counterclaim and cross-complaint against Marcus P. Beebe, who is not a party to the action, the facts and circumstances of extensive and complicated land transactions between him and the defendant are averred, and an accounting…
2Cases cited3 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- M'Mahon v. AllenNew York Court of Common Pleas · 1855
- Carroll v. FethersWisconsin Supreme Court · 1892
3Cited by6 opinions
- State Ex Rel. Farmers State Bank v. Ed Cox & SonSouth Dakota Supreme Court · 1965
- Enid Oil & Pipe Line Co. v. ChamplinSupreme Court of Oklahoma · 1925
- State ex rel. Alaska Pacific Navigation Co. v. Superior CourtWashington Supreme Court · 1920
- Ladd & Tilton Bank v. RosensteinWashington Supreme Court · 1922
- Independent School District v. City of AberdeenSouth Dakota Supreme Court · 1939
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