Legal Opinion

Western Surety Co. v. Walter

South Dakota Supreme Court

Decided May 24, 1920No. File No. 4682PublishedCited by 4 opinions

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

  1. Fulton v. LoughlinIndiana Supreme Court · 1889
  2. Galena National Bank v. RipleyWashington Supreme Court · 1909
  3. Zimbelman v. FinneganSupreme Court of Iowa · 1908

3Cited by4 opinions

  1. American State Bank v. CwachSouth Dakota Supreme Court · 1971
  2. Western Surety Co. v. WalterSouth Dakota Supreme Court · 1921
  3. Lane v. Travelers Indemnity Co.South Dakota Supreme Court · 1997
  4. Standard Oil Co. of Indiana v. CalvetSouth Dakota Supreme Court · 1929

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