Peterson v. Hoftiezer
South Dakota Supreme Court
Appeal from Circuit Court, Hamlin County. Hon. Carr G. Sherwood, Judge. Action by F. H. Peterson against C. J. Hoftiezer, upon d promissory note executed in consideration of a contract between defendant and plaintiff’s assignor. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Hamlin County. Hon. Carr G. Sherwood, Judge. Action by F. H. Peterson against C. J. Hoftiezer, upon d promissory note executed in consideration of a contract between defendant and plaintiff’s assignor. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant cited: Sioux Remedy Co. v. Cope et al., (S. D.) 133 N. W. 683. (4) Under point four of the opinion, Respondent cited: 'Walters v. Rock, 18 N. D. 45, 115 N. W. 511.
1Opinion of the CourtSmith, J.
On April 29, 1911, defendant executed and delivered to a Minnesota corporation, the Farmers’ General Service Company of Minneapolis, a promissory note for $107.50 due on or before October 1, 1911, which note was indorsed:
“Without recourse
Farmers’ General Service Company.
By S. P. Lesselyoung, Pres.
$21.50, May 6th, 1911.”
Plaintiff Peterson brings action on this note, alleging that he is an innocent purchaser for value before maturity.
[1] The answer puts the latter allegation in issue, and as an affirmative defense alleges failure of consideration and fraud in the inception of the note, and that…
2Cases cited4 opinions
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Sioux Remedy Co. v. CopeSouth Dakota Supreme Court · 1911
- Dewey v. KomarSouth Dakota Supreme Court · 1906
3Cited by5 opinions
- Sperry Corp., Sperry New Holland Division v. SchaefferSouth Dakota Supreme Court · 1986
- Peterson v. HoftiezerSouth Dakota Supreme Court · 1917
- Rininger v. Bennett County School DistrictSouth Dakota Supreme Court · 1991
- Rininger v. Bennett County School DistrictSouth Dakota Supreme Court · 1991
- Sperry Corp., Sperry New Holland Division v. SchaefferSouth Dakota Supreme Court · 1986