Lee v. Dinsmore
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hion. Thomas L. Bouck, Judge. Action by K. O. Lee, against W. E. Dinsmore. From .a judgment for defendant, plaintiff appeals.
1Opinion of the CourtSmith, J.
The facts decisive of this appeal may be stated as follows: The defendant Dinsmore and one Phillips were equal jvartoers engaged in the operation of a threshing outfit, which they 'had mortgaged to the plaintiff Lee for the sum of $1,264. Phillips left the state, leaving all of the partnership ■ property in the *27■possession of Dinsmore. Thereafter, to protect him own interest, Dinsmore, out of -bis: own funds, paid Lee, the mortgagor, the full amount of the mortgage and has never been reimbursed. The plaintiff Lee obtained a personal judgment against Phillips, upon different indebtedness, and…
2Cases cited3 opinions
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- State v. CassidySouth Dakota Supreme Court · 1893
- Auby v. RathbunSouth Dakota Supreme Court · 1899