First State Bank of Lemmon v. McMahon
South Dakota Supreme Court
Appeal from Circuit Court, Perkins County. Hon. Raymond L. D'iixmaN, Judge. Action by the First State Bank of Remmon, a corporation, against S. J. (McMahon, to recover upon a promissory note. From a judgment for plaintiff upon a directed verdict, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant -cited: 8 C. J. 259, Sec. 409; First Nat.
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Appeal from Circuit Court, Perkins County. Hon. Raymond L. D'iixmaN, Judge. Action by the First State Bank of Remmon, a corporation, against S. J. (McMahon, to recover upon a promissory note. From a judgment for plaintiff upon a directed verdict, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant -cited: 8 C. J. 259, Sec. 409; First Nat. Bank v. Engebretson, 28 S. D. 185;' Sec. 1732, Code 1919; 8 C. J. 214, Sec. 349, and note 23. Respondent cited: Sec. 1733, Code 1919; Pauly v. Murray, no Cal. 12, 42 Pac. 313; Eitel v. Farr, 178 Mo. 367, 165…
1Opinion of the CourtWhiting, J.
Suit on promissory note given by defendant to. plaintiff. Verdict was directed for plaintiff. The ground of the motion to direct verdict was that defendant’s “testimony shows that defendant was an accommodation maker of the note, and that the plaintiff is a holder for value of said note, * * * and that under the law the defendant is liable as an original maker of the note.” From a judgment for plaintiff this appeal was taken.
Appellant contends that defendant was not an “accommodation maker” of the note; and, as we read respondent’s brief, it concedes that to be the fact. The final question,…
2Cases cited2 opinions
- Thompson v. McKeeSupreme Court Of The Territory Of Dakota · 1888
- Mead v. PettigrewSouth Dakota Supreme Court · 1899
3Cited by7 opinions
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- Citizens State Bank v. RosenwaldSouth Dakota Supreme Court · 1934
- First National Bank v. WollmanSouth Dakota Supreme Court · 1929
- Kennemer-Willis Grocery Co. v. HackerSupreme Court of Alabama · 1932
- Black Hills Trust & Sav. Bank v. StengerSouth Dakota Supreme Court · 1932
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