Western Surety Co. v. Walter
South Dakota Supreme Court
Appeal from Circuit Court, Hutchinson County. Hon. Robert B. Tripp, Judge. Action by Western Surety Company, a corporation, against Jacob- Walter and- others, to recover upon a promissory note. Erom a judgment for defendants, and from an order denying a new trial, plaintiff appeals. Appellant cited: Galena Natl. Bank v. Ripley, 104 Pac. (Wash.) 807; Papple v. Day, 123 Mass. 520. Respondent cited: 9 Cyc. 308, 311.
1Opinion of the CourtGates, J.
Appeal from a judgment entered for defendants upon a directed verdict and from an order denying a new trial.
There are no disputed facts. The material facts are that one Walter was the county treasurer of Hutchinson county; that he died December 15, 1915, and shortly thereafter it was discovered that he had misappropriated county funds, that he was owing the county the sum of $9,242.77; that on December 27, 1915, at the instance of the comity commissioners, the -widow, father, and two brothers of deceased executed and delivered to the treasurer of said county a promissory note, in the said…
2Cases cited3 opinions
- Fulton v. LoughlinIndiana Supreme Court · 1889
- Galena National Bank v. RipleyWashington Supreme Court · 1909
- Zimbelman v. FinneganSupreme Court of Iowa · 1908
3Cited by4 opinions
- American State Bank v. CwachSouth Dakota Supreme Court · 1971
- Western Surety Co. v. WalterSouth Dakota Supreme Court · 1921
- Lane v. Travelers Indemnity Co.South Dakota Supreme Court · 1997
- Standard Oil Co. of Indiana v. CalvetSouth Dakota Supreme Court · 1929