Dakota National Bank v. Kleinschmidt
South Dakota Supreme Court
Appeal from 'Circuit Court, Hughes' County. Hon. John E. Huches, Judge. Action, by the Dakota National Bank against G. H. Kleinschmidt, administrator of the estate of Murwin E. Eelty, deceased, upon a promissory note from a judgment for defendant, plaintiff appeals. The first contention of the respondent in this appeal is that the plaintiff did not state, in his complaint, nor did it prove at the trial any cause of action against the defendant.
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Appeal from 'Circuit Court, Hughes' County. Hon. John E. Huches, Judge. Action, by the Dakota National Bank against G. H. Kleinschmidt, administrator of the estate of Murwin E. Eelty, deceased, upon a promissory note from a judgment for defendant, plaintiff appeals. The first contention of the respondent in this appeal is that the plaintiff did not state, in his complaint, nor did it prove at the trial any cause of action against the defendant. This contention may be made at any time, and for the first time on appeal. Wylly v. Grigsby, n S. D. 491. The holder of such claim -can not maintain…
1Opinion of the CourtSmith, J.
On August 11, 1910, the Northern Casualty Compony -was a corporation doing business in the city of Aber*135deen. One M. E. Eel-ty was solicited by a financial representative of,the corporation to subscribe to its capital stock. On August il, 1910, Felty signed a stock subscription, the material part of which is as follows: “I, M. E. Felty, of B-lunit, S-. D., hereby subscribe for fifty shares1 of the capital -stock of -the Northern- Casualty Company, fully pai-d and nonassessable, and agree to pay therefor the sum of twenty -dollars- ($20.00) per share.”
In -consideration of said -stock…
2Cases cited14 opinions
- Lichtenberg v. McGlynnCalifornia Supreme Court · 1894
- Perkins v. OnyettCalifornia Supreme Court · 1890
- Barthe v. RogersCalifornia Supreme Court · 1899
- Cheairs' Executors v. Cheairs' AdministratorsMississippi Supreme Court · 1902
- Walters v. PrestidgeTexas Supreme Court · 1867
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3Cited by14 opinions
- Flynn v. DriscollIdaho Supreme Court · 1924
- Latham v. McClennyArizona Supreme Court · 1930
- Delfelder v. Farmers' State Bank of RivertonWyoming Supreme Court · 1928
- Matter of Estate of BachandSouth Dakota Supreme Court · 1981
- Springer v. SwiftSouth Dakota Supreme Court · 1931
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