Estey v. Birnbaum
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. A. J. Plowman, Judge. Action in claim and delivery. From a judgment in favor of defendant, plaintiffs appeal. The facts are stated in the opinion. The taking of a note or order upon a third person is not payment unless so agreed by the parties, and the burden of proof is on the debtor to establish payment.
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Appeal from circuit court, Pennington county. Hon. A. J. Plowman, Judge. Action in claim and delivery. From a judgment in favor of defendant, plaintiffs appeal. The facts are stated in the opinion. The taking of a note or order upon a third person is not payment unless so agreed by the parties, and the burden of proof is on the debtor to establish payment. Baker v. Baker, 2 S. D. 261; Holmes v. Briggs, 18 Atl. 928. The declarations of an agent are only binding on the principal when made in due course of agency at the time and concerning the act he is doing. Bank v. North, 6 Dak. 136. An agent…
1Opinion of the CourtCorson, P. J.
This was an action in claim and delivery, to recover the possession of an organ claimed by the plaintiffs under a chattel mortgage. Judgment for the defendant, and the plaintiffs appeal.
The defendant, in her answer, pleaded payment - in full of the chattel mortgage debt. The organ in controversy was sold-to the defendant by one Deutsch, who was the agent of the plaintiffs for the sale of their organs at Rapid City. The price agreed to be paid was $125, of which $35 was paid at the time of the sale and a chattel mortgage was executed to secure the balance, evidenced by 18 promissory notes for…
2Cases cited7 opinions
- Comptoir D'Escompte De Paris v. DresbachCalifornia Supreme Court · 1888
- Hall v. . StevensNew York Court of Appeals · 1889
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- Baker v. BakerSouth Dakota Supreme Court · 1891
- Godfrey v. CrislerIndiana Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. HeffernanSouth Dakota Supreme Court · 1908
- Manitoba Mortg. & Inv. Co. v. WeissSouth Dakota Supreme Court · 1904