Baird v. Vines
South Dakota Supreme Court
Appeal from circuit court, Butte county; Hon. Joseph B.Moore, Judge, ■ • .. ■ Action-by Samuel M. Baird against James Vines and oth»’ ers. From an order granting defendants’ motion fór a new trial after the rendition of a verdict in favor of plaintiff,, he appeals.
1Opinion of the CourtHaney, J.
For the purposes of this appeal, the issues involved in this action may be outlined thus: Plaintiff alleges that he is the indorsee in due course of a negotiable note executed by- the defendants, no part of which has been paid. Defendants James Vines, Sr., and Adeline D. Vines, admit the execution of the note, deny that plaintiff is an indorsee ,in due' course, and aver that such note was executed'on Sunday, without consideration, by them, as sureties, .and was delivered -to the payees named therein as collateral security. The-other’ defendant defaulted. A verdict having been returned in…
2Cases cited5 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Stadler v. First National BankMontana Supreme Court · 1899
- Chandler v. KennedySouth Dakota Supreme Court · 1895
- Morris v. HubbardSouth Dakota Supreme Court · 1897
- Johnson v. ScharSouth Dakota Supreme Court · 1897
3Cited by1 opinion
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1926