Citizen's State Bank v. Carmody
South Dakota Supreme Court
Appeal from Circuit Court, Douglas County. Hon. Robert B. Tripp, Judge. Action by Citizen’s State Bank, a corporation, against M. E. Carmody, to recover a balance on a promissory note. From a • judgment for defendant and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited: Eggland v. South, 22 S. D. 467; Einry v. Sauer, 83 Atl. 205, Ann. Cases 1913 C. 1241.
1Opinion of the CourtPolley, J.
¡Ajction to recover a balance on a promissory note. The note was executed by respondent and one Sheil Carmody. It w|as secured by a chattel mortgage on certain live ' stock belonging to Sheil Carmody. The note and mortgage are dated June -8, 1918. Shortly after that date, Sheil Carmody placed the stock in respondent’s care and joined the United States army. On the 16th day of September following respondent turned said live stock over to plaintiff, who sold the same, and, after paying some expense bills that had been incurred for the care of the stock, applied the balance on the note. There…
2Cases cited1 opinion
- Troy Min. Co. v. ThomasSouth Dakota Supreme Court · 1901
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