D. M. Osborne & Co. v. Stringham
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action upon a promissory note made by one of the defendants to plaintiff and guarantied by the other defendant. Defense that the note was not given for any indebtedness but as collateral for a balance due on settlement. Verdict and judgment for plaintiff. Defendant appeals. The material facts are fully stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action upon a promissory note made by one of the defendants to plaintiff and guarantied by the other defendant. Defense that the note was not given for any indebtedness but as collateral for a balance due on settlement. Verdict and judgment for plaintiff. Defendant appeals. The material facts are fully stated in the opinion. The note in suit was given merely as collateral security for any balance that might be due plaintiff from the defendant, N. E! Stringham. It was a mere incident of the debt; not the evidence of the…
1Opinion of the CourtBennett, J.
This action was brought upon a promissory note made by N. E. Stringham, and guaranteed by A. J. String-ham, to D. M. Osborne & Co., for 8190.82, dated January 12, 1888. Defendants in their answer admit the execution of the note and the guaranty, but by way of defense allege that, be*408fore giving the note, the plaintiff and the defendant N. E. String,ham, entered into an agreement in writing wherein the plaintiff, appointed the said N. E. Stringham their agent to sell certain machines and property for the plaintiff in the counties, of Minnehaha and Lincoln, for certain commissions and…
2Cases cited7 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
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3Cited by13 opinions
- Berryhill v. SeppSupreme Court of Minnesota · 1909
- Poeppel v. LesterSouth Dakota Supreme Court · 2013
- Christiansen v. StrandSouth Dakota Supreme Court · 1965
- Eggers v. EggersSouth Dakota Supreme Court · 1961
- D. M. Osborne & Co. v. StringhamSouth Dakota Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.