Artificial Ice Co. v. Pratt
South Dakota Supreme Court
Appeal from the Municipal Court of the City of Sioux Falls. Hon. Martin BERGH, Judge. Action by the Artificial Ice Company, a corporation, against H. K. Pratt and others, to foreclose a chattel mortgage; defendant Pratt counter claiming as defense.
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Appeal from the Municipal Court of the City of Sioux Falls. Hon. Martin BERGH, Judge. Action by the Artificial Ice Company, a corporation, against H. K. Pratt and others, to foreclose a chattel mortgage; defendant Pratt counter claiming as defense. From a judgment for plaintiff, and) from an order denying a new trial, defendant Pratt appeals'. (2) To point two of the opinion, Appellant cited: Poulson v. Markus, 34 S. D. 428; Edward C. Plume Co. v. Voedish Jewelry Co., 39 S. D. 222; Rosenibaium v. Foss, 56 N. W. 114; Sec. 2123, Rev. Code 1919; Salmonson v. Horswill, 164 N. W. 973.
1Opinion of the CourtMcCOY, P. J.
Action to foreclose chattel mortgage. Defendant interpose the defense of payment. Finding and judgment were for plaintiff, and defendant appeals;
It appears from the record that respondent sold to ap*504pellant a team for horses for $285, and that appellant on April-12, 19x8, gave 'to respondent a note and chattel mortgage on the team' as security for the payment of paid purchase’ price, which note became due November 1, 1918. Appellant thereafter paid $79.28 on said note, w¡h¿ch payment is conceded by respondent. Appellant contends that, in addition to the said payment, he delivered to one…
2Cited by1 opinion
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