Durr v. Hardesty

76 N.W.2d 393 (1956)

John DURR, Plaintiff and Appellant,

v.

William J. HARDESTY and Fortes N. King, Defendants and Respondents.

No. 9539.

Supreme Court of South Dakota.

April 24, 1956.

Smiley & Clark, Belle Fourche, for plaintiff and appellant.

Gale B. Wyman, Belle Fourche, Roswell Bottum, Rapid City, for defendants and respondents.

McCLASKEY, Circuit Judge.

On January 31, 1931 defendants Hardesty and King executed a note to First National Bank of Belle Fourche, South Dakota. It became due October 15, 1931. In 1939, the bank having failed, the note was sold by the receiver to plaintiff, then and since…