Joas v. Jordan
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Ciiaktjís S. Writing, Judge. Action by Frank Joas against James F. Jordan, as trustee, for the benefit of creditors of Jacob C. Jacobson, and the Equitable Fidelity & Title Company and Jacob C. Jacobson. From an order overruling its demurrer to the complaint, the Equitable Fidelity & Guaranty Company appeals.
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Appeal from Circuit Court, Kingsbury County. Hon. Ciiaktjís S. Writing, Judge. Action by Frank Joas against James F. Jordan, as trustee, for the benefit of creditors of Jacob C. Jacobson, and the Equitable Fidelity & Title Company and Jacob C. Jacobson. From an order overruling its demurrer to the complaint, the Equitable Fidelity & Guaranty Company appeals. A debtor may pay one creditor in preference to another or may give to one creditor security for the payment of his demand in preference tc another. § 2366, Revised Civil Code: Sandwich Mfg. Co. v. Max, 5 S. D. 125; Jewett v. Downs, 6 S.…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant Equitable Fidelity & Title Guaranty Company, a corporation, from an order overruling its demurrer to the plaintiff’s complaint.
The action was instituted against the appellant Jacob C. Jacobson and James F. Jordan. The separate demurrer of Jacob C. Jacobson was sustained. It appears from the abstract that the summons was served upon the appellant and upon Jacobson. The action is brought upon a bond executed by the appellant and the said Jordan on the 22d day of May, 1905. The complaint is quite length}", and the facts therein alleged may be briefly stated as…
2Cases cited3 opinions
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
- Jewett v. SundbackSouth Dakota Supreme Court · 1894
- Plunkett v. HanschkaSouth Dakota Supreme Court · 1901
3Cited by8 opinions
- Brekke v. CrewSouth Dakota Supreme Court · 1920
- Maclaren v. KramarNorth Dakota Supreme Court · 1913
- Printup v. KennerSouth Dakota Supreme Court · 1920
- Courtenay Mercantile Co. v. FinchCourt of Appeals for the Eighth Circuit · 1912
- In re Courtenay Mercantile Co.District Court, D. North Dakota · 1911
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