Legal Opinion

Mead v. Pettigrew

South Dakota Supreme Court

Decided April 13, 1899PublishedCited by 10 opinions

Appeal from circuit court, Hughes county. Hon. Loi> ing E. Gaffy, Judge. Action by Corwin D. Mead, assignee of the First Bank of Ft. Pierre against Frederick W. Pettigrew, on a promissory note. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The First Bank could not be considered a bona fide purchaser, it being the same bank that took the note, but under a different organization and name.

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Appeal from circuit court, Hughes county. Hon. Loi> ing E. Gaffy, Judge. Action by Corwin D. Mead, assignee of the First Bank of Ft. Pierre against Frederick W. Pettigrew, on a promissory note. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The First Bank could not be considered a bona fide purchaser, it being the same bank that took the note, but under a different organization and name. Eugene Steere, the person who procured this note, and who knew all the circumstances and the consideration, and that the note had been paid, was the president of the First…

1Opinion of the CourtHaney, J.

Plaintiff states his cause of action as follows: “(1) That the First National Bank of Ft. Pierre, South Dakota, was on January 9, 1894, and for a long time prior thereto, and until October 1, 1894, a corporation organized and existing under the laws of the United States of America. (2) That the First Bank of Ft. Pierre, South Dakota, was during all of the times hereinafter mentioned a corporation organized and existing under the laws of the State of South Dakota. (3) That on January 9, 1894, at Ft. Pierre, South Dakota, the defendant, F. W. Pettigrew, by his promissory note, promised to pay…

2Cases cited2 opinions

  1. Thompson v. McKeeSupreme Court Of The Territory Of Dakota · 1888
  2. Holt v. Van EpsSupreme Court Of The Territory Of Dakota · 1875

3Cited by10 opinions

  1. National Bank of Cleburne v. CarperCourt of Appeals of Texas · 1902
  2. Kirkeby v. RenaasSouth Dakota Supreme Court · 1971
  3. Gillis v. First Nat. Bank of FrederickSupreme Court of Oklahoma · 1915
  4. Markville State Bank v. SteinbringSupreme Court of Minnesota · 1930
  5. First State Bank of Lemmon v. McMahonSouth Dakota Supreme Court · 1921

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