First National Bank v. Harvey
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by the First National Bank of West Minneapolis against Lizzie E- Harvey, on .two promissory notes; one made nominally payable to order -of plaintiff, but' having on its back a formal assignment to plaintiff by one Lund; the other payable to the order of. J! G. Lund and purporting to be endorsed by him to plaintiff. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by the First National Bank of West Minneapolis against Lizzie E- Harvey, on .two promissory notes; one made nominally payable to order -of plaintiff, but' having on its back a formal assignment to plaintiff by one Lund; the other payable to the order of. J! G. Lund and purporting to be endorsed by him to plaintiff. Judgment for defendant, and plaintiff appeals. The signature of every drawer, acceptor and indorser on a negotiable instrument is presumed to have been made for a valuable consideration before the maturity…
1Opinion of the CourtMcCOY, P. J.
Plaintiff brought this action to recover of defendant the amount claimed to be due upon two alleged promissory notes, viz., one note for $700, dated March 31, 1906, due one year after date, payable to the order of plaintiff and purporting to be signed by Lizzie E. Jones as maker thereof and which note had indorsed on the back thereof, “Paid by J. G. Lund 9-5-’06, $200.00,” and “For value received I hereby sell and assign to the First National Bank of West Minneapolis, Minn., or order, the principle and interest of the within, and guarantee same waving demand, notice and protest. J. G. Lund”;…
2Cases cited8 opinions
- Smith v. LivingstonMassachusetts Supreme Judicial Court · 1873
- Holmes v. . RoperNew York Court of Appeals · 1894
- Burch v. SmithTexas Supreme Court · 1855
- Mee v. CarlsonSouth Dakota Supreme Court · 1908
- Gardner v. . BardenNew York Court of Appeals · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jerke v. Delmont State BankSouth Dakota Supreme Court · 1929
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- Hoyt v. ClanceyCourt of Appeals for the Eighth Circuit · 1950
- National City Bank v. KirkIndiana Court of Appeals · 1922
- Albrecht v. RathaiSupreme Court of Minnesota · 1921
4 more not listed; retrieve them via the Exa API.