Mt. Terry Min. Co. v. White
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to recover from the estate of Thomas H. White, deceased, moneys had and received by him as treasurer of plaintiff company. Plaintiff had judgment, and defendant appeals. The’facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to recover from the estate of Thomas H. White, deceased, moneys had and received by him as treasurer of plaintiff company. Plaintiff had judgment, and defendant appeals. The’facts are stated in the opinion. An account kept in the regular course of business by the treasurer and secretary of plaintiff, in the only books in which accounts of the company were kept, is prima facie a correct account, and it was error to exclude it. 1 Whart. Ev. § 678; Union Sch. Furn. Co. v. Mason, 3 S. D. 147, 52 N. W. 671; Smith v.…
1Opinion of the CourtHaney, J.
Plaintiff seeks to recover from the estate of Thomas H. White, deceased, upon an account for money had and received by him as its treasurer. Defendant denies any indebtedness on account of money had and received by deceased, and alleges a full and complete settlement of all claims and demands existing between the parties made prior to White’s death. Nathan Halle, called as a witness on behalf of plaintiff, testified to a conversation with deceased touching the balance in his hands as treasurer of the company, but was unable to state the amount of such balance without reference to a book…
2Cases cited4 opinions
- Stebbins v. LardnerSouth Dakota Supreme Court · 1891
- Green v. Hughitt School Twp.South Dakota Supreme Court · 1894
- Harding v. Norwich Union Fire Ins SocietySouth Dakota Supreme Court · 1897
- Lawrence v. PeckSouth Dakota Supreme Court · 1893
3Cited by7 opinions
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Shepard v. SmithIdaho Supreme Court · 1953
- Ammon v. Illinois Central RailroadSupreme Court of Minnesota · 1913
- McMahon v. CrockettSouth Dakota Supreme Court · 1899
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