Legal Opinion · Dissent

Gold Bros. Security Co. v. Fidelity Trust Co.

South Dakota Supreme Court

Decided November 15, 1923No. File No. 5098Published

1DissentPolle.y, J.

There is but one question to be determined in this case, and that is, Was the defendant an innocent 'purchaser of the. note and mortgage, or did it have such! knowledge as would put a prudent person upon inquiry as to the! extent of Wood’s authority to dispose of said note and mortgage? The note upon its face is negotiable, and' had it not been accom*34pañied by t-he- mortgage and -the blank assignment thereof, there is’ nothing that' would- have given rise to- a suspicion that Wood was'exceeding-his authority in disposing of the note and mortgage-. ■ His possession arid apparent ownership gave…

2Cases cited4 opinions

  1. Oschenreiter v. BlockSouth Dakota Supreme Court · 1919
  2. Gold Bros. Security Co. v. Fidelity Trust Co.South Dakota Supreme Court · 1923
  3. Kenny v. McKenzieSouth Dakota Supreme Court · 1909
  4. Ellis v. WaitSouth Dakota Supreme Court · 1893

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