McGillycuddy v. Morris
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Wha ljam Gardner, Judge. Action on promissory note. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. If all the recitals or stipulations in a promissory note leave the promise absolute to pay a certain sum at the time limited they do not destroy its negotiability. 1 Daniel Neg.
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Appeal from circuit court, Pennington county. Hon. Wha ljam Gardner, Judge. Action on promissory note. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. If all the recitals or stipulations in a promissory note leave the promise absolute to pay a certain sum at the time limited they do not destroy its negotiability. 1 Daniel Neg. Instr. §§ 52 and 59; Parsons Notes and Bills, 147; Kirk v. Dodge, 39 Wis. 138; Hughitt v. Johnson, 28 Fed. 865; Garr v. Louisville, 1 Bush. 186; Sperry v. Horr,. 32 Id, 184; Nickeson v. Sheldon, 33 111. 372; Seolon v. Scovill, 18 Kan.…
1Opinion of the CourtCorson, P. J.
This is an action upon a promissory note brought by the plaintiff as indorsee against the defendants as indorsers of the same. Verdict and judgment for plaintiff, and defendants appeal. This case was submitted on briefs, without oral argument, and at the time the case was so submitted the defendants also submitted a motion made by them to purge the record by striking therefrom the bill of exceptions, upon the ground that as the same was not served and settled within the statutory time, and no order had been made by the court or judge extending the time, and no cause having been shown, by…
2Cases cited2 opinions
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Moe v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
3Cited by13 opinions
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- First National Bank v. WollmanSouth Dakota Supreme Court · 1927
- Sherin v. EastwoodSouth Dakota Supreme Court · 1913
- Davis v. CookSouth Dakota Supreme Court · 1896
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