Tobin v. McKinney
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action on a certificate of deposit by Catherine Tobin against Charles E. McKinney, as surviving partner of the firm of McKinney & Scougal. From a judgment on a directed verdict in favor of defendant, plaintiff appeals.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action on a certificate of deposit by Catherine Tobin against Charles E. McKinney, as surviving partner of the firm of McKinney & Scougal. From a judgment on a directed verdict in favor of defendant, plaintiff appeals. During partnership one partner of an existing firm may make payments upon an obligation of the firm and bind all the members of the partnership that is, within the line of their business one partner has authority to bind the other in making all contracts, including payment, promise and acknowledgment, by…
1Opinion of the CourtCorson, J.
From the year 1880 to the 1st of January, 1885, Charles E. McKinney, the defendant, was a partner in the firm of McKinney & Scougal, engaged in the business of banking in the cities of Sioux Falls and Yankton. At the last mentioned date the partnership was dissolved, and the business was continued in Yankton by Scougal, one of the said partners, at the same place, using the same kind of bank checks, bills, drafts, certificates of deposit, and letter heads, excepting the ommission of the name of C. E. McKinney on one corner of the letter heads, and retaining the same sign on the bank and…
2Cases cited9 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Howell v. . AdamsNew York Court of Appeals · 1877
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
- Fells Point Savings Institution v. WeedonCourt of Appeals of Maryland · 1862
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3Cited by7 opinions
- Melby v. AndersonSouth Dakota Supreme Court · 1936
- Jones v. O'BrienSouth Dakota Supreme Court · 1931
- Tobin v. McKinneySouth Dakota Supreme Court · 1901
- Montana Life Ins. v. American Surety Co. of New YorkCourt of Appeals for the Ninth Circuit · 1925
- Gruba v. ChapmanSouth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.