Davis v. Iverson
South Dakota Supreme Court
Appeal from circuit court, Moody couüty. Hon. Frank R. Aikens, Judge. Action on two non-negotiable notes. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtKellam, J.
This is an action upon two non-negotiable notes. The complaint is in the usual form, and alleges an assignment of the notes from the payees to the plaintiff. The answer alleges that the notes were given in part payment of a stallion bought by defendants under the name of the Colman Horse Company, of Whipple, Farley & Co., the payees of the notes, and a warranty thereof in writing as follows: “Colman, D. T., June 25, 1887. Know all men by these presents, that we have this day sold to the Colman Horse Company one gray Norman stallion, ‘Count Rotrow, 487, ’ and he is free from all incumbrance,…
2Cited by3 opinions
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- Wallace v. McCampbellTennessee Supreme Court · 1941