Commercial Credit Co. v. Nissen

In this action on five negotiable promissory notes for $1,072 each, defendant pleaded want of consideration as a defense. The case has appeared in our reports on three former occasions. 43 S. D. 564, 181 N. W. 99; 49 S. D. 303, 207 N. W. 61, 51 A. L. R. 287; and 51 S. D. 357, 213 N. W. 943, 51 A. L. R. 287. On the last occasion it was remanded to the trial court to determine “when, plaintiff paid the seventy-five per cent of the purchase price and when knowledge of defendant’s defense came to plaintiff.”

On Dcember 15, 1917, defendant, then in business in Aberdeen, S. D., made a contract with…