D. M. Osborne & Co. v. Martin
South Dakota Supreme Court
Appeal from circuit court, Brule county. Hon. D. Haney, Judge. Action on promissory notes by D. M. Osborne & Company, a corporation, against William Martin. There was judgment for defendant, from which, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, J.
This was an action to recover the amount of two promissory notes, dated August 2, 1886, for $100 each, executed by the defendant to plaintiff. The defendant in his answer alleged that said notes were given in part payment for an “Osborne seven-foot binddr,” to be sold and delivered to the defendant within a reasonable time, and upon no other consideration, and that plaintiff had not sold or delivered said binder to the defendant. Defendant, also, by way of counter claim, alleged that he paid $15 on account of said binder, and demanded judgment for that sum. The plaintiff, replying to said…
Also in this document: Concurrence.
2Cases cited7 opinions
- Sickels v. PattisonNew York Supreme Court · 1835
- Mead v. DegolyerNew York Supreme Court · 1837
- Avery v. . WillsonNew York Court of Appeals · 1880
- Champlin v. RowleyNew York Supreme Court · 1835
- Rogers v. Holly & JarvisNew York Supreme Court · 1837
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3Cited by1 opinion
- Holbert v. WeberNorth Dakota Supreme Court · 1917