Sharpe v. Shoenberger
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Louis L- Fleecer, Judge. Action by A. H. Sharpe, against FI. A. Shoenberger, upon a promissory note. From a judgment for plaintiff,' and from an order denying a new trial, defendant appeals.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Louis L- Fleecer, Judge. Action by A. H. Sharpe, against FI. A. Shoenberger, upon a promissory note. From a judgment for plaintiff,' and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Code 1919, Sec. 1705; Davis v. Brady, 17 S. D. 51.1. Respondent cited: Merrill v. Hurley, 6 S. D. 592. (2) To point two, Appellant cited: Johnson v. Schar, 9 S. D. 536; Bank v. Basuier, 12 C. C. A. 517, 65 Fed. 58; First Nat. Bank of Decorah v. Laughlin, (N. D.) 61 N. W. 473. Respondent cited: Montgomery v.…
1Opinion of the CourtMc'COY, J.
Action to recover upon a promissory note. From findings and judgment in favor of plaintiff, defendant appeals. Appellant raises the question of the sufficiency of the evidence to sustain the findings of fact, conclusions of law, and judgment. The note sued upon is in words and figures as follows:
“$400.00. Kimball, South Dakota, April 9, 1920.
“October 9, 1920, after date, for value received, we jointly and severally, as principals, promise to pay to the order of Miles E. Peck, four hundred dollars. Negotiable and payable at the Kimball Commercial & Savings Bank, Kimball, South Dakota, with…
2Cases cited2 opinions
- Chandler v. KennedySouth Dakota Supreme Court · 1895
- Johnson v. ScharSouth Dakota Supreme Court · 1897
3Cited by4 opinions
- Allen v. CoolingSupreme Court of Minnesota · 1924
- Lister v. DonlanMontana Supreme Court · 1929
- Continental & Commercial Nat. Bank v. JeffersonSouth Dakota Supreme Court · 1927
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1926