Kennedy v. First State Bank of Wall
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Frank M. Kennedy against the First State Bank of Wall, S. D., a corporation, to recover the amount of an alleged deposit in defendant’s bank, and certain commissions, and other moneys expended for defendant’s benefit, etc. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Frank M. Kennedy against the First State Bank of Wall, S. D., a corporation, to recover the amount of an alleged deposit in defendant’s bank, and certain commissions, and other moneys expended for defendant’s benefit, etc. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant submitted: Plaintiff’s evidence stands alone with no' corroboration. His letters are of vastly more weight as evidence than his sworn testimony, and manifestly…
1Opinion of the CourtWhiting, J.
The following facts are undisputed: Plaintiff was an attorney at law engaged in the real estate business at Wall, S. D., the home of defendant corporation. In the fall of 1911 plaintiff negotiated a trade of some land in South Dakota for an automobile and a house and lot situated at Bloomfield, Neb. The South Dakota land was owned by one Collins, who1 was to receive for his land $500. Defendant entered into written contracts for the trade with the owner of the house and lot and the automobile, in which contracts plaintiff appeared as the party with whom the exchange was to be made. At the…
2Cases cited2 opinions
- Stevens v. TraskNew York Court of Common Pleas · 1892
- Geier v. HowellsSupreme Court of Colorado · 1910
3Cited by6 opinions
- McGann v. McGannSupreme Court of Oklahoma · 1934
- Sweeney v. HewettSouth Dakota Supreme Court · 1914
- Drew v. LawrenceSouth Dakota Supreme Court · 1916
- Hepner v. WheatleySouth Dakota Supreme Court · 1916
- State v. HoenscheidSouth Dakota Supreme Court · 1985
1 more not listed; retrieve them via the Exa API.