Farmers' Live Stock Loan Co. v. Anderson
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. William Williamson, Judge. Action by The Farmers’ Live 'Stock Loan Company, a corporation, against L. B. Anderson, to recover judgment upon, and to foreclose, a mortgage securing a negotiable note, plaintiff being indorsee. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: Reid et al v. Kellogg, 8 S. D. 596.
1Opinion of the CourtWhiting, J.
Suit to recover judgment on, and to. foreclose a mortgage securing, a negotiable, note given by defendant to one Peter Dirks and by Dirks indorsed to plaintiff. Trial was to court without a jury. Findings and conclusions were entered upon which the court rendered a judgment in favor of plaintiff. From such judgment and an order denying a new trial, this appeal was taken.
Dirks’ home was at Oacoma in this state. Respondent was located at Sioux City, Iowa. When the note in question fell due, appellant paid same to Dirks. Dirks died a few days thereafter and without having remitted to respondent.…
2Cases cited1 opinion
- Astoria State Bank v. MarkwoodSouth Dakota Supreme Court · 1917