Mosteller v. Holborn
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. Torino E. Garry, Judge. Action by Olive Mosteller against James Holborn (Albert Gunderson, intervener). From an order granting partial relief on application to set off mutual judgments, plaintiff and intervener appeal.
1Opinion of the CourtFutter, P. J.
The determination of this appeal from an order granting partial relief on opplication to set off mutual judgments requires the consideration of the following antecedent facts and circumstance's shown by the evidence and found by the trial court: On the 4th day of November, 1901, appellant Mos-teller gave respondent, Holborn, a mortgage on certain horses to secure a loan of $220, evidenced by her promissory note of even date, due in one year, and on the 28th day of August, 1902, lie sold and delivered to her a drove of cattle for $1,240, and took her promissory note for the entire purchase…
2Cases cited3 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Chapman v. HughesCalifornia Supreme Court · 1901
- Powers Mercantile Co. v. Wells-Fargo & Co.Supreme Court of Minnesota · 1904
3Cited by3 opinions
- Kammann v. BartonSouth Dakota Supreme Court · 1909
- Robinson v. BoweCourt of Appeals for the Eighth Circuit · 1934
- Davidson v. MeyersSouth Dakota Supreme Court · 1912