Legal Opinion

City National Bank v. Dwyer

South Dakota Supreme Court

Decided October 6, 1924No. File No. 5257PublishedCited by 3 opinions

1Opinion of the CourtPolley, J.

This action was brought to recover on a promissory note. The defendant Frank Dwyer defaulted, but defendant Martina Dwyer resisted payment. The execution and delivery of the note is admitted, but in her answer she alleges that the note was obtained from, her by plaintiff by means of fraud, deceit, misrepresentation, and without consideration.

At the close of the testimony plaintiff moved for a directed verdict. This motion was granted, and judgment was entered *569for plaintiff. From such judgment and from an order denying her motion for a new trial defendant Martina Dwyer appeals.

From the…

2Cases cited5 opinions

  1. McCormick Harvesting Machine Co. v. FaulknerSouth Dakota Supreme Court · 1895
  2. Security Savings Bank v. HambrightSupreme Court of Iowa · 1923
  3. Mead v. PettigrewSouth Dakota Supreme Court · 1899
  4. Dimock State Bank v. BoehnenSouth Dakota Supreme Court · 1922
  5. Ricords v. MeadSouth Dakota Supreme Court · 1922

3Cited by3 opinions

  1. Andresen v. KaercherCourt of Appeals for the Eighth Circuit · 1930
  2. Pet Milk Co. v. BolandCourt of Appeals for the Eighth Circuit · 1949
  3. Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927

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