Legal Opinion

Astoria State Bank v. Markwood

South Dakota Supreme Court

Decided March 12, 1919No. File No. 4346PublishedCited by 1 opinion

Appeal from 'Circuit Court, Beaclle County. Hon. Arva E. Tayror, Judge. Action by Astoria State Bank, a corporation, against C. T. Markwood and others, to recover upon a promissory note. From a judgment for plaintiff, and from an order denying a new trial, ■defendants appeal. (i) To point one of.the opinion, Appellants cited: Wortendylce v. Meehan, (Neb.) 2 N. W. 339; Reid v. Kellogg, 8 S. D. 596, 67 N. W. 687.

1Opinion of the CourtWhiting, J.

Action by indorsee to recover on a negotiable note. Defendants' pleaded payment. The payment had been made to the payee named in said note while the note was in the physical possession of plaintiff.' Verdict was directed for plaintiff. From such verdict and an order denying a new trial this appeal was taken.

This action was before us upon a former appeal, and reference is made to the opinions then rendered for an understanding of the facts then established and the law announced by this court. See Astoria State Bank v. Markwood et al., 37 S. D. 56, 156 N. W. 583; 38 S. D. 437, 161 N. W. 815. As…

2Cases cited2 opinions

  1. Astoria State Bank v. MarkwoodSouth Dakota Supreme Court · 1916
  2. Astoria State Bank v. MarkwoodSouth Dakota Supreme Court · 1917

3Cited by1 opinion

  1. Kalen v. GeldermanSouth Dakota Supreme Court · 1938

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