McCarthy Bros. v. Hanskutt
South Dakota Supreme Court
Appeal 'from Circuit Court, Douglas County. ITon. R. B. Tripp, Judge. Action by the McCarthy Brothers Company against James Hanskutt, to recover for balance on an account. From a judgment for defendant, -plaintiff appeals.
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Appeal 'from Circuit Court, Douglas County. ITon. R. B. Tripp, Judge. Action by the McCarthy Brothers Company against James Hanskutt, to recover for balance on an account. From a judgment for defendant, -plaintiff appeals. This is an action at law wherein the jury found (i) That the thousand dollar note was not a payment in full of the account sued upon; (2) That defendant still owed plaintiff on said account the sum of $1,026.82. The plaintiff was presumptively entitled to judgment for said amount. John A. Tolman Co. v. Savage et al., 59 N. W. 882 (S. D.) In the case now before this court…
1Opinion of the CourtMcCOY, P. J.
On November 26, 1909, plaintiff commenced this suit against defendant to recover a balance of $1,124.32 claimed to be due upon an account consisting of numerous items of both debit and credit. As shown by the bill of particulars, the debit charges against defendant commenced April 23, 1901, and ended April 26, 1904; the last item being $97.50 cash claimed to have been advanced by plaintiff for defendant on that date. All the debit items charged against defendant accrued more than six years before -the commencement of the action, with the exception of the last item of $97.50. The items charged…
2Cases cited5 opinions
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Block v. DormanSupreme Court of Missouri · 1872
- Adams v. TuckerColorado Court of Appeals · 1895
- Pracht v. McNeeSupreme Court of Kansas · 1888
- Gaffney v. MenteleSouth Dakota Supreme Court · 1909
3Cited by12 opinions
- Schoenrock v. TappeSouth Dakota Supreme Court · 1988
- Miller v. HernandezSouth Dakota Supreme Court · 1994
- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- Moores v. TomlinsonNorth Dakota Supreme Court · 1916
- Wangsness v. BerdahlSouth Dakota Supreme Court · 1944
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