Dewey v. Sibert
South Dakota Supreme Court
Appeal from Circuit Court, Hamlin County. Hon. George IT. Marquis, Judge. Action by O. E. Dewey against George Sibert and others. From a judgment in favor of defendant John Walklin, plaintiff appeals. Reversed, and a new trial ordered.
1Opinion of the CourtCorson, J.
This is an action by the indorsee of a promissory note against the makers and indorser, and from the judgment entered upon a directed vedict in favor of the indorser, Walklin, the plaintiff has appealed.
The complaint is in the usual form, and, after alleging the execution of the note by the makers and indorser and the nonpayment of the same, it contains a further allegation that after the said note became due and payable the same was duly presented payment thereof duly demanded, which was refused, and notice of presentment, demanded refusal, and protest was given. Defendant Walklin in his…
2Cases cited7 opinions
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Barclay v. WeaverSupreme Court of Pennsylvania · 1852
- Glaze v. FergusonSupreme Court of Kansas · 1892
- Schmitz v. Hawkeye Gold Mining Co.South Dakota Supreme Court · 1896
- Ridgway & Budd v. DaySupreme Court of Pennsylvania · 1850
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