Legal Opinion

Holbart v. Lauritson

South Dakota Supreme Court

Decided July 13, 1914PublishedCited by 3 opinions

Appeal from Circuit Court, Grant County. Hon. FRANK Mc-Nulty, Judge. Action by A. B. Holbart, as indorsee, against Martin Laurit-son and others, upon a promissory note. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.

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Appeal from Circuit Court, Grant County. Hon. FRANK Mc-Nulty, Judge. Action by A. B. Holbart, as indorsee, against Martin Laurit-son and others, upon a promissory note. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant submitted that: The note was- made for the sole benefit of J. S. Green, and he was as such entitled to the benefit of the contract, -whether his name was- stated as payee or drawn and written in the name of the .bank. The proper test of the materiality of the -change in the note would' be to…

1Opinion of the CourtPoleey, J.

This action is -brought by the indorsee -o-f a negotiable promissory note. The signing of the note is admitted by defendants, but they allege a failure of -consideration' for the same and that a material .alteration had been made therein which rendered it void. ' The note as. signed w-as payable to the State Bank of Twin Brooks and was given in payment for a certain stallion, purchased by defendants from one J. S-. Green and represented by said Green to be a f-ull bl-o-oded Perdieron and registered. The note was made -out on -a printed form with the name of the “State Bank of Twin Br-o-oks”…

2Cases cited2 opinions

  1. Erickson v. First National BankNebraska Supreme Court · 1895
  2. Citizens National Bank of Baltimore v. WilliamsSupreme Court of Pennsylvania · 1896

3Cited by3 opinions

  1. First National Bank of Cushing v. WoodsSupreme Court of Oklahoma · 1935
  2. Muse v. ClarkSupreme Court of South Carolina · 1919
  3. Klundby v. HogdenWisconsin Supreme Court · 1930

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