Iowa Nat. Bank v. Sherman
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, judge. Action by Iowa National Bank of Ottumwa against Sherman & Bratager on a promissory note. From a ^judgment for plaintiff, defendants appeal. The power to endorse and transfer negotiable paper is not one of the implied, powers of a president of a manufacturing corporation Blood v. Marcus. 38 Cal., 590; McCullough y.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, judge. Action by Iowa National Bank of Ottumwa against Sherman & Bratager on a promissory note. From a ^judgment for plaintiff, defendants appeal. The power to endorse and transfer negotiable paper is not one of the implied, powers of a president of a manufacturing corporation Blood v. Marcus. 38 Cal., 590; McCullough y. Moss, 5 Denio, 568; Western National Bank v. Armstrong 152 U. S,, 346; Park Hotel Co. v. Bank, 86Fedi, 745; First National Bank v. Michigan City Bank, 80 N. W. (N. D.) 766; Morris v. Griffin, Etc. Co., 69…
1Opinion of the CourtCorson, J.
This is an appeal from a judgment entered on a directed verdict in favor of the plaintiff. The action was brought upon a promissory note executed by the defendants to the Janney Manufacturing Company, and transferred by that company to the plaintiff. ^The defendants, in their answer, set up a warranty on the part of the Janney Manufacturing Company, and claim that the machinery delivered to them was notin compliance with the warranty. It was proven on the part of the plaintiff, and uncontradicted, that before the maturity of the note in suit the same was transferred to the plaintiff bank by…
2Cases cited18 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Merrill v. HurleySouth Dakota Supreme Court · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- American National Bank v. LundyNorth Dakota Supreme Court · 1910
- Citizens State Bank v. SkeffingtonNorth Dakota Supreme Court · 1924
- Commercial State Bank v. IversonSouth Dakota Supreme Court · 1926
- Iowa National Bank of Ottumwa v. ShermanSouth Dakota Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.