First National Bank v. McGuire
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by the First National Bank of Rapid City against Michael McGuire to foreclose a pledge. From a judgment, for plaintiff, and from an order denying a new trial, defendant appeals. When a judge is a stockholder of a corporation, he is, both at common law and under our statute, disqualified, by pecuniary interest, to try or determine any cause to which the corporation is a party. Cooley Cons.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by the First National Bank of Rapid City against Michael McGuire to foreclose a pledge. From a judgment, for plaintiff, and from an order denying a new trial, defendant appeals. When a judge is a stockholder of a corporation, he is, both at common law and under our statute, disqualified, by pecuniary interest, to try or determine any cause to which the corporation is a party. Cooley Cons. Limit. 411-413; Washington Ins. Co. v. Price, I Hopkins Ch. 1; Adams v. Minor, 53 Pac. 815; Williams v. Bank, 27 S. W. 147;…
1Opinion of the CourtCorson, P. J.
This was an action for the foreclosure of pledged collateral given by the defendant to secure the payment of two certain promissory notes, one for $5,000 and the other for $1,500, payable to the order of the plaintiff. The complaint is in the usual form. To this complaint defendant filed, an answer admitting certain allegations in the comjfiaint, denying certain others, and interposing a counterclaim. Before the trial of the case the defendant presented the following petition and application: “To the Above-Entitled Court: The petition of Michael McGuire, the above-named defendant, repectfulty…
2Cases cited8 opinions
- City of Austin v. NalleTexas Supreme Court · 1893
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Stockwell v. Township BoardMichigan Supreme Court · 1871
- North Bloomfield Gravel Mining Co. v. KeyserCalifornia Supreme Court · 1881
- Peninsular Railway Co. v. HowardMichigan Supreme Court · 1870
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3Cited by11 opinions
- Tharp v. MassengillNew Mexico Supreme Court · 1933
- State v. HamSouth Dakota Supreme Court · 1910
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
- In re TaberSouth Dakota Supreme Court · 1900
- Kingman-Texas Implement Co. v. Herring Nat. BankCourt of Appeals of Texas · 1913
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