Sioux Banking Co. v. Kendall
South Dakota Supreme Court
, Appeal from circuit court, Miner county. Hon. D. Haney, Judge. Action to recover damages alleged to have been occasioned by reason of false representations. Judgment for defendants, and plaintiff appeals. It is not incumbent upon an indorsee of a negotiable promissory note endorsed to him ‘‘without recourse” to examine into the financial condition of the maker, if to such an indorsee it is represented by the indorser that the note is good and is secured.
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, Appeal from circuit court, Miner county. Hon. D. Haney, Judge. Action to recover damages alleged to have been occasioned by reason of false representations. Judgment for defendants, and plaintiff appeals. It is not incumbent upon an indorsee of a negotiable promissory note endorsed to him ‘‘without recourse” to examine into the financial condition of the maker, if to such an indorsee it is represented by the indorser that the note is good and is secured. He may rely upon such representations and is not negligent in so doing. Hank v. Fletcher, 22. N. W. 593; Stevens. v. Allen, 32 Pac. 922;…
1Opinion of the CourtKellam, J.
This is an appeal from a judgment and an order denying a new trial. The case was tried to a jury, and a verdict for defendants directed by the court. Among the errors assigned is the insufficiency of the evidence to justify the verdict. It is probable, as urged by respondents, that this assignment is not sufficiently supplemented with the specification of the particulars in which the evidence is claimed to be insufficient to justify this court in examining the question as one of fact; but, the trial court having disposed of the case as one of law, the question here is not whether the verdict…
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