Gallup v. Chelsea State Bank
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. Carl G. Sherwood and Hon. Joseph H. Bottom, Judges. Action by C. A. Gallup, against The Chelsea .State Bank, a corporation, to recover the value of certain bank stock held by plaintiff in the German American State Bank, assignor of defendant bank. From a judgment .in favor of defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Faulk County. Hon. Carl G. Sherwood and Hon. Joseph H. Bottom, Judges. Action by C. A. Gallup, against The Chelsea .State Bank, a corporation, to recover the value of certain bank stock held by plaintiff in the German American State Bank, assignor of defendant bank. From a judgment .in favor of defendant, and from an order denying a new trial, plaintiff appeals. Appellant cited, to effect that he is not estopped: Abel v. Allemania Bank, 82 N. W. 680; Hackett v. Callender, 33 Vt. 97. Respondent ■ cited: Am. & Eng. Ency. of Law, Vol 11, page 421-423.
1Opinion of the CourtMcCOY, P. J.
This action was instituted by plaintiff to recover from defendant the sum of $2,000, the value of certain bank stock. Plaintiff alleges defendant promised and agreed to pay him said amount therefor. Findings and judgment were in favor of defendant and plaintiff appeals.
This case was before this court on a former appeal. 35 S. D. 367, 152 N. W. 338. On that appeal the judgment was reversed on the ground that certain findings of fact were against a clear preponderance of the evidence. The questions involved on this appeal are in no manner affected by the former decision.
From the record it…
2Cases cited1 opinion
- Gallup v. Chelsea State BankSouth Dakota Supreme Court · 1915