McKinney v. Peters
South Dakota Supreme Court
Appeal from Circuit Court, Clark County. Hon. Wiruiam N. ■Skinner, Judge. Action- ¡by C. E. McKinney, against Henry Peters and Luella W. Peters, to foreclose a realty mortgage. Erom á judgment for plaintiff, and from an order -denying a nie-w trial, the last-named defendant appeals.. Appellant cited: 7 Cyc. 692; 3 R. C. L. p. 928; Laws 1913; Ch. 279, Sec. 56; Rev. Civ. Code, Sec. 2452.
1Opinion of the CourtGates, J.
A concern known as the Dakota Kerosene Gas Company sought to negotiate to plaintiff an unmatured promissory note for $5,000, payable to it executed by defendant Henry Peters. Upon investigation of the financial standing of said defendant, plaintiff 'declined to purchase the note, but offered to purchase it if defendant Luella W. Peters would sign the note and if she and her husband, her codefendant, would secure it by mortgage upon real estate owned by her. The terms of such offer were complied with, and plaintiff purchased the note, paying $4,800 therefor. This action was begun to foreclose…
2Cases cited1 opinion
- First National Bank v. MeyerNorth Dakota Supreme Court · 1915
3Cited by2 opinions
- Altfillisch v. McCartySouth Dakota Supreme Court · 1926
- Cornell v. JohnsonSouth Dakota Supreme Court · 1932