Gaffney v. Mentele
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. Hon. Feank B-Smith, Judge. Action by Anna Gaffney against .Louise M. Mentele, executrix .of William H. A- Kroeger. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
1Opinion of the CourtWhiting, J.
This is an appeal from the judgment for plaintiff in the trial court and from the order denying a new trial. The cause was tried to a jury and was an action upon an open account for money loaned .by plaintiff to one Wm. H. A. Kroeger, of whose estate the defendant was executrix. The complaint set forth that .prior to 1890 plaintiff had loaned said Kroeger a large sum of money, that he had made payment írom time to time, and that abou,t December x, 1890, an accounting was had upon which it was agreed that “$600 or thereabouts” remained due. Further payments were made from time to time, the…
2Cited by3 opinions
- McCarthy Bros. v. HanskuttSouth Dakota Supreme Court · 1912
- Eilke v. RiceCalifornia Supreme Court · 1955
- Taylor v. AshdownSouth Dakota Supreme Court · 1932