Kirby v. Jameson
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action on a due bill. Judgment for plaintiff entered on a verdict directed by the court, and defendant appeals. The facts are stated in the opinion. An indorsement is made in writing upon the instrument transferred or upon a piece of paper attached thereto. Comp.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action on a due bill. Judgment for plaintiff entered on a verdict directed by the court, and defendant appeals. The facts are stated in the opinion. An indorsement is made in writing upon the instrument transferred or upon a piece of paper attached thereto. Comp. Laws, §§ 4471 and 4473. An assignment may be oral, but in the case of an assignment of a non-negotiable instrument for the payment of money, the assignment must be in writing to cutjoff the counterclaim. The provisions as to a counterclaim and its existence at the…
1Opinion of the CourtCorson, P. J.
Action upon due bill for $85, upon which $55 was indorsed as paid. Defendant pleaded a counterclaim for $22, and tendered into court $8. The trial court directed a verdict for plaintiff, and the defendant appeals.
*10Only two questions are presented: First. Should defendant's counterclaim have-been admitted in evidence? Second. Should the order of Lacey have been admitted in evidence? The due bill was as follows: "July 15, 1894. $85.00. DueW.
G-. Lacy, on demand, eighty-five dollars. James Jameson. [Indorsed on' back of the paper:] Paid $55.00.” There was no assignment in writing, or indorsement,…
2Cases cited1 opinion
- St. Louis Natl. Bank v. GayCalifornia Supreme Court · 1894
3Cited by6 opinions
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
- Lewis v. Rutland Independent Consolidated School District No. 3South Dakota Supreme Court · 1932
- Robinson v. NelsonSouth Dakota Supreme Court · 1929
- Tattersfield v. Independent School DistrictSouth Dakota Supreme Court · 1932
- Allis-Chalmers Manufacturing Co. v. Amenia Seed & Grain Co.North Dakota Supreme Court · 1926
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