Rock Island Plow Co. v. Balderson
South Dakota Supreme Court
Appeal from Circuit Court, Miner County. Hon. Charles S. Whiting, Judge. ■ Action by the Rock Island Plow Company against A. W. Balderson. From a judgment ■ for defendant, plaintiff appeals. An attorney who has received a claim for collection, has no power to receive anything but money on behalf of his client. Sub. Div. 3, Sec. 699, Political Code. And upon payment thereof and not otherwise to discharge the claim. Cyc., vol. 4, 948.
1Opinion of the CourtMcCOY, J.
Plaintiff, the appellant, brought suit to recover upon a promissory note. Defendant answered, admitting the execution of the note, and alleging that the same had been fully paid. On the trial the jury returned a verdict in favor of defendant, and judgment was rendered thereon. Plaintiff brings the causé to this court on appeal.
The principal assignment of error is that the evidence is insufficient to sustain the verdict, in that there was no evidence admitted tending tO' show that the note sued upon had ever been paid. It appeared on the trial that the note sued on was not at the time of the…
2Cases cited3 opinions
- Potts v. ColemanSupreme Court of Alabama · 1880
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