Smith v. Kimble
South Dakota Supreme Court
Appeal from Circuit Court, Davis-on County. Hon. Frank B. Smith, Judge. , . Action by M. E.-Smith.& Company against James- Kimble, on an -alleged- contract of guaranty of payment for merchandise. Judgment.for plaintiff -on a directed verdict, and defendant appeals.
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Appeal from Circuit Court, Davis-on County. Hon. Frank B. Smith, Judge. , . Action by M. E.-Smith.& Company against James- Kimble, on an -alleged- contract of guaranty of payment for merchandise. Judgment.for plaintiff -on a directed verdict, and defendant appeals. The purported guaranty in this case, in any event,’was nothing more than, an offer to guaranty and was of no 'binding-force or effect until accepted by the guarantee, M. E. Smith & Co. The Civil Code of South Dakota, section' 1974, provideá, “A mere offer- to guaranty is not binding until notice of -acceptance is -communicated -by…
1Opinion of the CourtMcCQY, P. J.
Plaintiff instituted this, action -to, recover -the sum of $2,000 from defendant upon a written contract of guaranty. It appears that one Harvey, a son-in-law of defendant, was engaged in the retail, mercantile business, and that, defendant, by written contract, guaranteed to plaintiff, a wholesale dealer in merchandise, the payment of Harvey’s indebtedness to the extent of $2,opo. Plaintiff’s -complaint contained the . allegation that said guaranty was, on the 19th ;day of November,-. 1908, accepted, by plaintiff through its agent who took 'the same, apd the same was mailed to plaintiff at…
2Cases cited19 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
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3Cited by3 opinions
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- Wilcox v. SchisslerMontana Supreme Court · 1918
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