Legal Opinion

Jansen v. McNamara

South Dakota Supreme Court

Decided March 8, 1918No. File No. 4260PublishedCited by 1 opinion

Appeal from Circuit Count, Tripp County. Hop. William Williamson, Judge. Action by J. I. Jansen, 'and1 Edward Hiaisch, co-partners, as Jansen & Hiaisch, again'st J. M. McNamara; ini which defend'anlt counterclaims. Prom a judgment far plaintiffs upon directed verdict, defendant appeals. (1) To .pdint one of the opinion, Respondent cited: State v. Bulrns 25, S. D. 368; 2, Am. & Eng.

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Appeal from Circuit Count, Tripp County. Hop. William Williamson, Judge. Action by J. I. Jansen, 'and1 Edward Hiaisch, co-partners, as Jansen & Hiaisch, again'st J. M. McNamara; ini which defend'anlt counterclaims. Prom a judgment far plaintiffs upon directed verdict, defendant appeals. (1) To .pdint one of the opinion, Respondent cited: State v. Bulrns 25, S. D. 368; 2, Am. & Eng. Enel, of Practice, 814; North Star Boot i& Shoe Go. v. Stebbins, 3, S'. E>., 540. (2) T,o point two of the opinion, Appellant cited: Equitable L'oan & Security Company v. H. L. Lewman, 3 L. R. A. N. S. 879; Boyd v.…

1Opinion of the CourtGates, J.

On December 18, 1910, the plaintiffs and the defendant were copartners doing a mercantile business at Carter, S. D., under the firm name of Jansen-MeNamara Company. *156On HJhiait date the defendant -sold his one-fourth interest in the firm to. plaintiff Hiaiseh. The contract between them recited:

“All liabilities (of 'the old firm) to be deducted from said invoice and assumed by the new.firm.”

The new firm was Jansen & Haisoh, these plaintiffs. A bill of goods 'that had' been ordered by McNamara for the old firm was -refused -by the new firm. Action was 'brought thereon against Jansen & McNamara.…

2Cases cited3 opinions

  1. Equitable Loan & Security Co. v. LewmanSupreme Court of Georgia · 1905
  2. North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
  3. North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1891

3Cited by1 opinion

  1. Svoboda v. De WaldNebraska Supreme Court · 1955

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