North Star Boot & Shoe Co. v. Stebbins
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Honorable Charles M. Thomas, Judge. Action to recover for goods, wares and merchandise, alleged to have' been sold and delivered by plaintiff to defendants. The defendants interposed a general denial and counterclaim. At the close of the evidence defendants moved the court to direct a verdict in their favor, which motion was allowed and judgment thereupon entered. Plaintiff appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Lawrence county. Honorable Charles M. Thomas, Judge. Action to recover for goods, wares and merchandise, alleged to have' been sold and delivered by plaintiff to defendants. The defendants interposed a general denial and counterclaim. At the close of the evidence defendants moved the court to direct a verdict in their favor, which motion was allowed and judgment thereupon entered. Plaintiff appeals. The facts are fully stated in the opinion. The practice of directing a verdict for defendant has in many states superseded the ancient practice of a demurrer to…
1Opinion of the CourtBennett, J.
This action was brought by plaintiff to recover a balance due for goods, wares, and merchandise alleged to have been sold defendants. The answer was a general denial, and a counter-claim for storage of goods, etc. The counter-claim was denied by plaintiff. On these issues a trial was had, and evidence introduced by both parties. At the close of the evidence the defendant moved the court to direct a verdict for the defendant upon the ground that there was no evidence tending to show that the defendants ever purchased the goods, etc., alleged in the complaint, or that the acts of Cashier Clary,…
2Cases cited8 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Selden, Withers & Co. v. Bank of CommerceSupreme Court of Minnesota · 1859
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- National Security Bank v. McDonaldMassachusetts Supreme Judicial Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schlegel v. SissonSouth Dakota Supreme Court · 1896
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- Famous Shoe & Clothing Co. v. Eagle Iron WorksMissouri Court of Appeals · 1892
- Jansen v. McNamaraSouth Dakota Supreme Court · 1918
- State v. LynchSouth Dakota Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.