Hegeler v. Comstock
South Dakota Supreme Court
Appeal from district court, Miner county; Hon. BartlettTripp, Judge. Action upon two promissory notes. Judgment for defendant. Plaintiff appeals. The facts are fully stated in the opinion. The plaintiff having taken the notes in suit as collateral security for a debt contracted at the same time he took them, and the debt being contracted on the faith of these notes as collateral security, is a bona fide, holder. Daniels Neg. Inst. § 824; Goodman v. Simonds, 20 How.
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Appeal from district court, Miner county; Hon. BartlettTripp, Judge. Action upon two promissory notes. Judgment for defendant. Plaintiff appeals. The facts are fully stated in the opinion. The plaintiff having taken the notes in suit as collateral security for a debt contracted at the same time he took them, and the debt being contracted on the faith of these notes as collateral security, is a bona fide, holder. Daniels Neg. Inst. § 824; Goodman v. Simonds, 20 How. U. S. 343; Oates v. Bank, 10 Otto 239; Railroad v. Bank, 12 Otto, 14. The presence of the clause in the notes in suit,-“with…
1Opinion of the CourtBennett, J.
This is an action brought by the plaintiff and *140appellant against the defendant and respondent upon two promissory notes. The following is a copy of said notes: “On or before the 1st day of December, 1884, for value received, I or we, the undersigned, living 5 miles of Howard P. O., county of Miner, Territory of Dakota, promise to pay to Marsh Binder Manufacturing Company or order, one hundred dollars, at the Miner County Bank, in Howard, with interest from date until paid at the rate of ten per cent per annum, eight per cent if paid when due. The indorsers, signers, and guarantors severally…
2Cases cited18 opinions
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
- Jones v. RadatzSupreme Court of Minnesota · 1880
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
- Cayuga County National Bank v. PurdyMichigan Supreme Court · 1885
- Second National Bank v. WheelerMichigan Supreme Court · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
- Bell v. Riggs Et Ux.Supreme Court of Oklahoma · 1912
- Stebbins v. LardnerSouth Dakota Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.