Legal Opinion

Grigsby v. Day

South Dakota Supreme Court

Decided April 16, 1897PublishedCited by 9 opinions

Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by Melvin Grigsby against Frederick T. Day. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The allegations of the complaint, and the undisputed evidence, disclose a co-partnership contract as between plaintiff and defendant, and that in their dealings they sustained the relation of partners towards each other. § 4027, Comp.

Read the full summary

Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by Melvin Grigsby against Frederick T. Day. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The allegations of the complaint, and the undisputed evidence, disclose a co-partnership contract as between plaintiff and defendant, and that in their dealings they sustained the relation of partners towards each other. § 4027, Comp. Laws; Spaulding v. Stebbins, 56 N; W. 469; 1 Bates on Partnership, § 1 et seq; Campbell v. Sherman, 8 N. Y. Supp. 630;…

1Opinion of the CourtCorson, P. J.

This is an action to recover $37,000, claimed by plaintiff to be due him from the defendant as the result of certain business transactions set out in plaintiff’s complaint. The defendant, in addition to certain denials, pleaded *588as a defense that in the transactions set out in the complaint the plaintiff and defendant were partners, and that there had not been any settlement of their partnership transactions between them. The case was tried by a referree, who found for the plaintiff for the full amount claimed. This amount was reduced by various sums remitted before and after judgment, leaving…

2Cases cited18 opinions

  1. Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
  2. Beecher v. BushMichigan Supreme Court · 1881
  3. Booth v. . PowersNew York Court of Appeals · 1874
  4. Thayer v. . ManleyNew York Court of Appeals · 1878
  5. Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895

13 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Insurance Agents, Inc. v. ZimmermanSouth Dakota Supreme Court · 1986
  2. Hardman v. LasellSouth Dakota Supreme Court · 1929
  3. Murphy v. Plankinton BankSouth Dakota Supreme Court · 1904
  4. Dillaway v. PetersonSouth Dakota Supreme Court · 1898
  5. Cedarberg v. GuernseySouth Dakota Supreme Court · 1899

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API