Merchants Nat. Bank v. McKinney
South Dakota Supreme Court
Appeal from district court, Yankton county. Hon. James Spencer, Judge. Tlie facts are fully stated in the opinion. County warrants are not contracts and are not negotiable instruments, in the sense of the law merchant. In case of a sale of county warrants there is no implied warranty on the part of the Arendor except that they belong to him and are not forgeries.
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Appeal from district court, Yankton county. Hon. James Spencer, Judge. Tlie facts are fully stated in the opinion. County warrants are not contracts and are not negotiable instruments, in the sense of the law merchant. In case of a sale of county warrants there is no implied warranty on the part of the Arendor except that they belong to him and are not forgeries. Wall county v. Monroe, 103 U. S. 74; White v. Robinson, 51 Mich. 73; SchoolDistrict v. Stough, 4 Neb. 359; Burroughs on Law of Pub. Sec. 642; § 503 Dillon Mun. Corp.; Otis v. Cullom, 92 U. S. 447; Port Royal v. Graham, 84 Pa. St.…
1Opinion of the CourtCorson, J.
This is an action to recover of the defendants the consideration paid by plaintiff for certain Douglas county warrants, alleged to have been sold and transferred by the defendants to the plaintiff in the year 1881. The case was tried by a referee, who found and reported the facts, upon which a judgment was rendered by the court in favor of the plaintiff for §2,993.15 and costs. From this judgment and order for judgment the defendant» appeal to this court. Before considering the appeal upon its merits, it will be necessary to dispose of a preliminary objection made to the hearing of this…
Also in this document: Concurrence.
2Cases cited21 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- State v. CarrollSupreme Court of Connecticut · 1871
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Porter v. Rockford, Rock Island & St. Louis RailroadIllinois Supreme Court · 1875
- Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
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3Cited by14 opinions
- Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
- State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
- State ex rel. Bockmeier v. ElyNorth Dakota Supreme Court · 1907
- State v. EscalanteSouth Dakota Supreme Court · 1990
- State v. NessSouth Dakota Supreme Court · 1954
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