Bennett v. Ellis
South Dakota Supreme Court
Appeal from circuit court, Potter county. Hon. Loring B. Gaffy, Judge. Action on a nóte by Cassius C. Bennett, assignee for the benefit of creditors of the Pierre Savings Bank, of Pierre, S. D., against A. L. Ellis and Libbie J. Ellis. From a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtHaney, J.
This action is upon a promissory note for $300 given by defendants to the Pierre Savings Bank, of -which the plaintiff is receiver, for the benefit of, creditors. A verdict was directed for plaintiff, and defendants appealed from the judgment rendered thereon.
Defendants’ answer is as follows: “Come now the above-named defendants, and, for answer to plaintiff’s complaint herein, deny each and every allegation, matter, fact and thing in plaintiff’s complaint contained. For a second, separate and independent defense, and for the.purpose of this defense only, the defendants allege that if any…
2Cases cited1 opinion
- St. Paul Fire & Marine Ins. v. Dakota Land & Live Stock Co.South Dakota Supreme Court · 1897
3Cited by5 opinions
- Burrows v. PaulsonNorth Dakota Supreme Court · 1934
- Green v. FrickSouth Dakota Supreme Court · 1910
- Federal Land Bank v. SchleySouth Dakota Supreme Court · 1940
- In Re Finnerud's EstateSouth Dakota Supreme Court · 1941
- Midland National Life Ins. v. JohnsonSouth Dakota Supreme Court · 1941