Plymouth County Bank v. Gilman
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. In an opinion found in 3 S. D. 170, 52 N. W. Rep. 869, the court reversed the judgment of the lower court. Subsequently a rehearing was granted in the case. This opinion is upon the rehearing. The former decision adhered to.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. In an opinion found in 3 S. D. 170, 52 N. W. Rep. 869, the court reversed the judgment of the lower court. Subsequently a rehearing was granted in the case. This opinion is upon the rehearing. The former decision adhered to. Declarations of an agent concerning a transaction within the scope of his powers to transact, and while a transaction is still pending are the declarations of the principal whom he represents, and should the statements if made by the principal be competent, they are also competent if made by the…
1Opinion of the CourtBennett, P. J.
This cause was before us at a former term of this court. An opinion was rendered upon the merits, reversing the judgment of the court below, which is reported in 52 N. W. Rep. 869. Afterwards, upon petition, a rehearing *267was granted. The issue raised in the original cause was whether or not the appellant had been guilty of negligence in failing to collect certain notes left with it by the respondent for that purpose. During the trial of the case the court below permitted a witness to testify to certain declarations made by the cashier of the appellant concerning the failure of the bank to…
2Cases cited5 opinions
- Holstein v. AdamsTexas Supreme Court · 1889
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Roe v. City of KansasSupreme Court of Missouri · 1889
- Hooker v. Village of BrandonWisconsin Supreme Court · 1889
- State v. SeversonSupreme Court of Iowa · 1889
3Cited by3 opinions
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- La Crosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.South Dakota Supreme Court · 1900
- Roberts v. Minneapolis Threshing Machine Co.South Dakota Supreme Court · 1896