Legal Opinion · Dissent

First Dakota National Bank v. Maxon

South Dakota Supreme Court

Decided June 21, 1995No. 18558Published

1Dissent

WUEST, Retired Justice

(dissenting).

I dissent. We give lip service to the legal principle, “we do not reverse the circuit court on factual questions unless it is clearly erroneous.” In my opinion, the majority decision does exactly that. This court must not disturb findings by the circuit court, which are supported by the evidence, even if we would have reached a different conclusion on the same evidence. Bass v. Happy Rest, Inc., 507 N.W.2d 317, 324 (S.D.1993). The circuit court found Maxon was a surety and the Bank’s own acts discharged Maxon from liability on the note when it changed the…

2Cases cited28 opinions

Branch Banking and Trust Co. v. ThompsonCourt of Appeals of North Carolina · 1992
United States v. Raymond A. Porter, Virginia R. Porter and Clifford B. SmithCourt of Appeals for the Eighth Circuit · 1978
Farmers State Bank v. CooperSupreme Court of Kansas · 1980
Peoples Bank of Point Pleasant v. Pied Piper Retreat, Inc.West Virginia Supreme Court · 1974
Bass v. Happy Rest, Inc.South Dakota Supreme Court · 1993

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