Sioux Remedy Co. v. Cope
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by the Sioux Remedy Company against F. M. Cope and another. Judgment for defendants, and plaintiff appeals. That a state law which would prevent a party engaged in interstate commerce from maintaining an action for the subject thereof, in the courts of' this state would be an interference with the prerogatives of congress. Flint & Walling Mfg.
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Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by the Sioux Remedy Company against F. M. Cope and another. Judgment for defendants, and plaintiff appeals. That a state law which would prevent a party engaged in interstate commerce from maintaining an action for the subject thereof, in the courts of' this state would be an interference with the prerogatives of congress. Flint & Walling Mfg. Co. v. McDonald, 21 S. D. 526; Rex Buggy Co. v. Dinneen, 23 S. D. 494, 122 N. W. 433; Sioux Remedy Co. v. Dindgren, 27 S. D. 123; Sucker State Drill Co. v. Wirtz Bros., 115 N.…
1Opinion of the CourtWhiting, J.
Plaintiff sued to recover the amount claimed to be due upon the purchase price of certain goods alleged to have been sold defendants. The record before us does not disclose the contents of the pleadings, except that it does appear that the defendants,, in their answer, set forth the contract under which they received the goods from the plaintiff. This contract, except as to name of the party of the second part, is identical with the contract before this court in the case of Sioux Remedy Co. v. Lindgren, 27 S. D. 123, 130 N. W. 49. When the cause was called for trial, one, of the defendants,…
2Cases cited44 opinions
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- Smith v. AlabamaSupreme Court of the United States · 1888
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- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
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- Robertson v. RenshawSupreme Court of Iowa · 1935
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