Cornwall v. McKinney
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. • Hon. Joseph W. Jones, Judge. Action by Andrew Cornwall against Charles E. McKinney, as surviving partner of the firm of McKinney and Scougal. Judgment for plaintiff, and defendant appeals. Tile facts are stated in the opinion. The action was prematurely commenced, the certificates not having been endorsed.
Read the full summary
Appeal from circuit court, Minnehaha county. • Hon. Joseph W. Jones, Judge. Action by Andrew Cornwall against Charles E. McKinney, as surviving partner of the firm of McKinney and Scougal. Judgment for plaintiff, and defendant appeals. Tile facts are stated in the opinion. The action was prematurely commenced, the certificates not having been endorsed. Bellows Falls Bank v. Rutland County Bank, 40 Vt. 377; Patterson v. Poindexter, and Boker v. Hazard, 6 W. & S. (Pa.), 227. Endorsement was unnecessary. Kirkwood v. Bank, 58 N W. 1016; 40 Neb. 484, 42 Am. St. 683, and note. First Nat. Bank v.…
1Opinion of the CourtHaney, J.
In this action plaintiff seeks to recover of defendant, as the surviving partner of McKinney & Scougal, upon four certificates of deposit, dated June 17th, 1890, December 22nd, 1890, July 29th, 1891, and March 4th, 1892, respectively, all signed, “McKinney & Scougal,” except the first, which is signed, “Rob. W. Burns, C.” The certificates are in the same language, except as to dates, amounts, and numbers. The following is a copy of the one first issued: “No. 2897. McKinney & Scougal, Bankers. Yankton, Dakota, June 17th 1890. Andrew Cornwall has deposited in this bank fifty no-100 dollars,…
2Cases cited1 opinion
- Emerson v. ThatcherCourt of Appeals of Kansas · 1897
3Cited by1 opinion
- Tobin v. McKinneySouth Dakota Supreme Court · 1900