Legal Opinion

Nordgren v. Oldham Rural Telephone Co.

South Dakota Supreme Court

Decided June 11, 1918No. File No. 4201Published

Appeal from Circuit Court, Kingsbury Cloiunty. Hon. Alva E. Taylor, Judge. Action- by Carl C. Nbrdgren-, against tbe Oldham Ruira-1 Telephone Company, to recover upon- (contract for -construction of a telephone line, etc.

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Appeal from Circuit Court, Kingsbury Cloiunty. Hon. Alva E. Taylor, Judge. Action- by Carl C. Nbrdgren-, against tbe Oldham Ruira-1 Telephone Company, to recover upon- (contract for -construction of a telephone line, etc. From a judgment in his favor for certain relief, and! frota an1 order denying a new trial, plaintiff appeals-. (4) To point fo-ur of the Opinion', Respondent oited: 10 ■Cyc. 590; Thompson on Corporations, Sec. 4389; First National Bank v. Keenan, 12 S'. D. 240, 80 N. W. 1135.; Koidhler v. Black Biiver Fall's Iran Oo., 2 Black, 715, 17 L,. Eldi. 339.

1Opinion of the CourtSmith, J.

Action to recover an amount alleged to fee due upon a contract for the construction) of a telephone line anid for other work and labor performed 'and moneys expended for the use and benefit of the defendant' corporation. The complaint alleges 'four separate and! distinct causes of action, each embracing different items ¡cif 'debit and credit. The answer, so far as material to this appeal, contains a general 'denial, a plea of the six-year statute of limitations, and allegations to the effect that the plaintiff, as an officer of the defendant, has in bis possession moneys of the corporation…

2Cases cited1 opinion

  1. Ritchie v. People's Telephone Co.South Dakota Supreme Court · 1909

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