Adams & Westlake Co. v. Deyette
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. This case was first decided by this court in an opinion reported in 5. S. D. 418, 59 N. W. 214, in which opinion the judgment of the court below in favor of plaintiff was affirmed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. The former decision adhered to.
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Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. This case was first decided by this court in an opinion reported in 5. S. D. 418, 59 N. W. 214, in which opinion the judgment of the court below in favor of plaintiff was affirmed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. The former decision adhered to. There being no finding that defendant knew that the consent of the stockholders had not been obtained, it must be presumed in favor of the legality of his judgment and claim that he did not know it. G-reenhood on public policy, Rule…
1Opinion of the CourtFuller, J.
This case, now before us on rehearing, is reported in 5 S. D. 418, 59 N. W. 214, where the unassailed substantive facts are stated as follows: “On the 9th day of May, 1888, the Hicks-Trask Hardware Co., a corporation, being insolvent, confessed judgment against itself in favor of each of the defendants C. E. Deyette and W. W. Lewis, amounting to 11,469.26; the Deyette judgment being for $649.84, and the Lewis judgment for $819.42. After entry of the above judg*121ments, and on the 12th day of the same month, said defendant confessed numerous other judgments, among which there was one in…
2Cases cited3 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. Keokuk & Hamilton Bridge Co.Supreme Court of the United States · 1889
- Pearce v. Madison & Indianapolis RailroadSupreme Court of the United States · 1859
- Adams & Westlake Co. v. DeyetteSouth Dakota Supreme Court · 1894
3Cited by14 opinions
- Title Insurance & Trust Co. v. California Development Co.California Supreme Court · 1915
- Erickson-Hellekson-Vye Co. v. A. Wells Co.Supreme Court of Minnesota · 1944
- Tourtelot v. WhithedNorth Dakota Supreme Court · 1900
- Rice v. City of ColumbiaSupreme Court of South Carolina · 1928
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
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