Manitoba Mortg. & Inv. Co. v. Weiss
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county; Hon. E. Gr. Smith, Judge. Action by the Manitoba Mortgage & Investment Company against Adam Weiss and another. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtCorson, P. J.
This is an appeal from a judgment in favor of the defendants and order denying a new trial. The case was tried to the court, and a certain special issue was submitted to a jury. The action was brought to foreclose a mortgage on which there was a balance due of $318.50, on August 2, 1890. The defendants were residents of Hutchinson county, near Scotland, and on August 2, 1890, they applied to Lavender & Spannagel, a firm engaged in the mercantile business in Scotland, for the sum necessary to pay their note and mort*460gage, which, had previously been deposited with that firm by one of the…
2Cases cited16 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Smith v. . MillerNew York Court of Appeals · 1870
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
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3Cited by5 opinions
- Mankey v. HoytSouth Dakota Supreme Court · 1911
- Pohl v. JohnsonSupreme Court of Minnesota · 1930
- R. H. Herron Co. v. MawbyCalifornia Court of Appeal · 1907
- Turner v. Hot Springs National BankSouth Dakota Supreme Court · 1904
- Cowing v. CahillSouth Dakota Supreme Court · 1930