La Crosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by the La Crosse Boot & Shoe Manufacturing Company against the Mons Anderson Company, the Tolerton & Stetson Company, and Joe Kirby, for conversion of a stock of merchandise. Judgment for defendants, and from an order granting a new trial defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by the La Crosse Boot & Shoe Manufacturing Company against the Mons Anderson Company, the Tolerton & Stetson Company, and Joe Kirby, for conversion of a stock of merchandise. Judgment for defendants, and from an order granting a new trial defendants appeal. The facts are stated in the opinion. An exhibit in writing imports a consideration and the burden of showing a want of consideration lies with the party seeking to avoid it. Comp Laws, 1887, § 4538; Corbett v. Clough, 65 N. W. 1074; 1 Beach Mod. Contracts,! 187;…
1Opinion of the CourtCorson, J.
This is an appeal from an order granting a new trial. The action was brought by the plaintiff, as junior mortgagee of a stock of goods, to recover damages of the defendants who w7ere prior mortgagees of the same stock of goods, for an alleged unlawful conversion of the same. The verdict and judgment in the action were in favor of the defendants, and upon the plaintiff’s application a new trial was *304granted. At the former trial of the action the judgment was in favor of the plaintiff, which, on appeal to this court, was reversed, and a new trial ordered. The opinion in that case is reported in…
2Cases cited5 opinions
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Aultman & Taylor Co. v. GundersonSouth Dakota Supreme Court · 1894
- La Crosse Boot & Shoe Manuf'g Co. v. Mons Anderson Co.South Dakota Supreme Court · 1897
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1893
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