Merchants National Bank v. McKinney
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G Smith, Judge. Action to recover the amount paid by plaintiff to defendant as purchase money for a number of warrants purporting to be the warrants of Douglas county, on the ground of a 'breach of warranty. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion. It was error for the court to render a judgment of dismissal upon the merits on the pleadings and findings in this case.
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Appeal from circuit court, Yankton county. Hon. E. G Smith, Judge. Action to recover the amount paid by plaintiff to defendant as purchase money for a number of warrants purporting to be the warrants of Douglas county, on the ground of a 'breach of warranty. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion. It was error for the court to render a judgment of dismissal upon the merits on the pleadings and findings in this case. First because the complaint stated a cause of action, and, second, because a final judgment cannot be entered in an action until all of…
1Opinion of the CourtKellam, J.
Historically this case is as follows. The appellant, as plaintiff, commenced an action against respondents, as defendants, to recover the amount paid by it to defendants as the purchase money of a number of warrants purporting to nave been issued by Douglas county, upon the ground that, in said sale, defendants warranted the same to be the warrants of and binding on, said county, according to their purport, while in fact they were not the warrants of the county; that, at the time of their issuance, Douglas county was not organized, and has ever since its organization refused to recognize or…
2Cases cited6 opinions
- Winslow v. GohransenCalifornia Supreme Court · 1891
- Himmelman v. HenryCalifornia Supreme Court · 1890
- Dolliver v. DolliverCalifornia Supreme Court · 1892
- Hutchings v. CastleCalifornia Supreme Court · 1874
- Merchants Nat. Bank v. McKinneySouth Dakota Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hines v. MoultonSouth Dakota Supreme Court · 1935
- Naddy v. DietzeSouth Dakota Supreme Court · 1901
- Merchants Nat. Bank v. McKinneySouth Dakota Supreme Court · 1894