Legal Opinion

Atlas Lumber Co. v. Rosenberger

South Dakota Supreme Court

Decided February 16, 1917No. File No. 3976PublishedCited by 2 opinions

Appeal from Circuit 'Court, Hycfc County. Hon. John E. Hughes, Judge. ■ Action 'by the Atlas Lumber 'Company, * a corporation, against Elmer Rosenberger to recover upon a promissory note. From a judgment for plaintiff, and1 from an order denying a new trial, defendant appeals. (1) To) point one of the opinion, Appellant cited: 31 Cyc. 1605, 1585, 1405, 1378; Bank v. Kellogg, 4 S. D. 312-318. Respondent cited: 1 Am. & Eng. Ency.

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Appeal from Circuit 'Court, Hycfc County. Hon. John E. Hughes, Judge. ■ Action 'by the Atlas Lumber 'Company, * a corporation, against Elmer Rosenberger to recover upon a promissory note. From a judgment for plaintiff, and1 from an order denying a new trial, defendant appeals. (1) To) point one of the opinion, Appellant cited: 31 Cyc. 1605, 1585, 1405, 1378; Bank v. Kellogg, 4 S. D. 312-318. Respondent cited: 1 Am. & Eng. Ency. Law, p. 1028; Parker v. Leach, (Neb.) 107 N. W. 2.17; Zelenka v. Port Huron Machinery Company, (’Midi.) 123 N. W. 332,** Bridges v. Garrett, L. R. 5 C. P. 454; 31 Cyc.…

1Opinion of the CourtWhiting, J.

Action on promissory note. Verdict directed for pl-aintiff. From judgment and order -denying- new trial, defendant appeals.

[1] The facts, whi-ch must be taken ;as -conceded' by plaintiff on its -motion for directed verdict are: Defendant was in the employ oif L. & M., partners in a 'dray business. L., at the same time, was the -agent -o-f plaintiff. L., as such agent, from time to time sold defendant lumber and coal o-f the aggregate value of $52.30. . During the period covered by is-ucb sales, defendant made monthly settlements with the firm of D. & M. for wages due him; upon, such…

2Cases cited1 opinion

  1. Clow-Schaaf Lumber Co. v. KassSouth Dakota Supreme Court · 1912

3Cited by2 opinions

  1. General Tire & Rubber Co. v. HammSouth Dakota Supreme Court · 1942
  2. Fillaus v. GreenfieldSouth Dakota Supreme Court · 1917

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