Legal Opinion

Johnson v. Schar

South Dakota Supreme Court

Decided April 6, 1897PublishedCited by 2 opinions

Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action upon a promissory note. Prom a judgment for defendants, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. A clause in a promissory note ‘ ‘and with attorney’s fees in addition to other costs in case the holder is obliged to enforce payment at law” does not render the note non-negotiable. Chandler v. Kennedy, 65 N. W. 439; 4 Am. & Eng. Ency.

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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action upon a promissory note. Prom a judgment for defendants, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. A clause in a promissory note ‘ ‘and with attorney’s fees in addition to other costs in case the holder is obliged to enforce payment at law” does not render the note non-negotiable. Chandler v. Kennedy, 65 N. W. 439; 4 Am. & Eng. Ency. Law, pp. 313, 314; Apperson v. Ins. Go., 38 N. J. L. 272; Merrill v. Hurley, 62 N. W. 960. The payment of $50 on his stock subscription…

1Opinion of the CourtCorson, P. J.

This was an action to recover upon a promissory note of which the following is a copy: “$450. Spearfish, South Dakota, July 7th, 1893. Three months after date, for value received, we promise to pay to the order of the Welcome Milling & Smelting Co. four hundred and fifty dollars, with interest at 10 per cent per annum from date until paid, and with attorneys fees in addition to other costs in case the holder is obliged to enforce payment at law. Payable at the Bank of Spearfish, Spearfish, South Daikota. [Signed] George Schar. Wiebke Schar.” Indorsed: “July 10th, 1893. Pay to the order of…

2Cases cited2 opinions

  1. Chandler v. KennedySouth Dakota Supreme Court · 1895
  2. Second Nat. Bank v. BasuierCourt of Appeals for the Eighth Circuit · 1894

3Cited by2 opinions

  1. Sharpe v. ShoenbergerSouth Dakota Supreme Court · 1921
  2. Baird v. VinesSouth Dakota Supreme Court · 1904

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