Feldman v. Trumbower
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Camppell, Judge. . Action to recover money due on account. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. An incidental or collateral memorandum of a transfer made verbally is not primary evidence. Dunn v. Hewitt, 2 Den. 638; Abbott’s Tr. Ev. 303.
1Opinion of the CourtKellam, J.
Appellant and respondent were partners in the mercantile business. The partnership was dissolved, and, concurrently therewith, respondent sold his interest in the assets of the firm, except as hereinafter noticed, to appellant, Trumbower, and one Della Dona. Each partner had, at and before the dissolution, an overdrawn account upon the books of the company. Prior to the dissolution a mistake was discovered in appellant’s account, *409wliicli made bis indebtedness appeal- on tbe books $900 less than it really was. Both parties knew and conceded the mistake, and the exact amount of it, and a…
2Cited by13 opinions
- Henry v. TaylorSouth Dakota Supreme Court · 1903
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
- Axiom Mining Co. v. WhiteSouth Dakota Supreme Court · 1897
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
- Breeden v. MartensSouth Dakota Supreme Court · 1907
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