Legal Opinion

Finch v. Park

South Dakota Supreme Court

Decided September 2, 1899PublishedCited by 8 opinions

Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by George R. Finch and others, suing as surviving members of the firm of Finch, Van Slyck, Young & Co., against H. A. Park and F. F. Grant, composing the partnership of Park & Grant. From an order overruling a demurrer to the complaint, defendants appeal. The facts are stated in the opinion.

1Opinion of the CourtHaney, J.

Defendants appeal from an order overruling a a demurrer to the complaint, the grounds of which are (1) that there is a defect of parties defendant; and (2) that the complaint dues not state facts sufficient to constitute a cause of action. It is alleged in the complaint that the plaintiffs are the surviving partners of the firm of Finch, Van Slyck, Young & Co.; that defendants are partners doing business under the firm name of Park & Grant; that John Armstrong was indebted to plaintiffs, who commenced actions against him to recover upon such indebtedness, and at the same time caused certain…

2Cases cited3 opinions

  1. Brand v. WilliamsSupreme Court of Minnesota · 1882
  2. Allen v. StengerIllinois Supreme Court · 1874
  3. Siems v. Pierre Savings BankSouth Dakota Supreme Court · 1895

3Cited by8 opinions

  1. Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
  2. Shotwell v. Sioux Falls Savings BankSouth Dakota Supreme Court · 1914
  3. Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
  4. First National Bank v. MessnerNorth Dakota Supreme Court · 1913
  5. Nerger v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1906

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