Lindsay v. Pettigrew
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. ^ Action for damages for breach of contract. Plaintiff had judgment, from which, and from an order denying his motion for a new trial, defendant appeals. The facts are stated in the opinion. The judgment should be reversed on account of the misconduct of counsel for respondent.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. ^ Action for damages for breach of contract. Plaintiff had judgment, from which, and from an order denying his motion for a new trial, defendant appeals. The facts are stated in the opinion. The judgment should be reversed on account of the misconduct of counsel for respondent. Lindsay v. Pettigrew, 3 S. D. 199, 52 N. W. 873; Surface v. Douglas, 41 Pac. 207; Winter v. Sass, 19 Kan. 556; Huckell v. McCoy, 15 Pac. 870; Brown v. Swineford, 44 Wis. 282; Berry v. State, 10 Ga. 522. The granting or refusing of a new trial on…
1Opinion of the CourtHaney, J.
In 1885, defendant resided at Plandreau, Moody county, Dak., and was engaged in business as an insurance, real estate and loan agent. The plaintiff desired to ne*229gotiate a loan upon 120 acres oí land owned by Mm, and situ* ated near Flandreau, and also upon certain lots in the village of Flandreau. Defendant, at the time, was acting as agent for his sister-in-law, Mrs. Nellie D. Pettigrew, and through him plaintiff obtained a loan from her. To secure the loan, plaint* iff, on September 18, 1885, executed a mortgage upon his land and town lots, which mortgage contained a covenant to keep the…
2Cases cited3 opinions
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1894
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1894
3Cited by4 opinions
- Kirby v. BerguinSouth Dakota Supreme Court · 1902
- Kloppenburg v. KloppenburgSouth Dakota Supreme Court · 1938
- Bean v. BestSouth Dakota Supreme Court · 1958
- Bean v. BestSouth Dakota Supreme Court · 1958