Schmitz v. Hawkeye Gold Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action upon a written instrument. From an order overruling his motion for a new trial, defendant Robinson appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action upon a written instrument. From an order overruling his motion for a new trial, defendant Robinson appeals. The facts are stated in the opinion. The legal effect of an endorsement in blank of a promissory note cannot be varied or changed by a contemporaneous parol agreement. 1 Wait Act. & Def. 596; Bank v. Smith, 27 Barb. 489; Skillen v. Richmond, 48 Barb. 428; Griswold v. Slocum, 10 Barb. 402; Dean v. Hall, 17 Wend. 214; Hall v. Newcomb, 3 Hill 233; Seabury v. Hungerford, 2 Hill 80; Ellis v. Brown, 6 Barb. 282;…
1Opinion of the CourtFuller, J.
In justice court plaintiffs obtained against the defendants a judgment upon the following written instrument: “Time Check No. 189. §98.65. General Manager’s Office, Hawkeye Gold Mining Company. Pluma, So. Dak., June 10th, 1893. Due W. C. Robinson the sum of ninety-eight dollars and sixty-five cents ($98.65), payable at this office on the 20th day of J une, 1893, to him or order. David Hunter, General Manager, by L. A. Fell. W. C. Robinson.” Indorsed “W. C. Robinson. 8-8, ’93, received on account §14.80. Nov. 2nd, received on account $10.50.” A new trial on appeal to the circuit court taken on…
2Cases cited10 opinions
- Martin v. ColeSupreme Court of the United States · 1881
- Specht v. HowardSupreme Court of the United States · 1873
- Dean v. HallNew York Supreme Court · 1837
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- St. L., I. M. & S. Ry. v. Camden BankSupreme Court of Arkansas · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- International Milling Co. v. ReiersonSouth Dakota Supreme Court · 1929
- Ristine v. RumlSupreme Court of Iowa · 1924
- Schriner v. DickinsonSouth Dakota Supreme Court · 1906
- First National Bank v. WollmanSouth Dakota Supreme Court · 1929
- Scribner State Bank v. RansomSouth Dakota Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.