State Bank v. Carlton
South Dakota Supreme Court
Appeal from' 'Circuit Court, Sanborn County. Hon. Frank B. Smith, Judge. Action by the State Bank of Cuthbert, a banking corporation, against T. J. Carlton, to recover upon one promissory note and for reformation of and judgment upon another note. From' an order sustaining plaintiff’s motion that the action be tried before the court without a jury, defendant appeals.
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Appeal from' 'Circuit Court, Sanborn County. Hon. Frank B. Smith, Judge. Action by the State Bank of Cuthbert, a banking corporation, against T. J. Carlton, to recover upon one promissory note and for reformation of and judgment upon another note. From' an order sustaining plaintiff’s motion that the action be tried before the court without a jury, defendant appeals. (1) To point one of the opinion, Appellants cited: Leisch v. Baer, 24 S'. D‘. 184; White v. Railway Co., 5 Dak. 508. (2) To point two, Appellant submitted that: The first cause of action, likewise that set forth in counterclaim,…
1Opinion of the CourtWhiting, J.
Plaintiff pleaded two causes of action. Both were on promissory notes — the one sought judgment for amount claimed due on the first note; the other sought reformation of the second note and judgment for amount claimed due thereon. The complaint specifically alleged nonpajunent of the notes. The answer denied each and every allegation except as admitted; admitted the execution of the first- note; and pleaded a counterclaim. To this counterclaim plaintiff entered a general denial. Plaintiff moved that the action be tried before the court without a jury. This motion was sustained over the…
2Cases cited2 opinions
- White v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
- Purcell v. International Harvester Co. of AmericaSouth Dakota Supreme Court · 1916
3Cited by5 opinions
- Consolidated Wagon & MacHine Co. v. KayUtah Supreme Court · 1933
- First National Bank v. Erling Bros.South Dakota Supreme Court · 1933
- Benson-Stabeck Co. v. Farmers' Elevator Co.Montana Supreme Court · 1923
- Gray v. KriegerNorth Dakota Supreme Court · 1935
- Thomas v. MiserSouth Dakota Supreme Court · 1926