Commercial & Savings Bank v. Felderman

South Dakota Supreme Court

Commercial & Savings Bank v. Felderman

223 N.W. 330, 54 S.D. 401, 1929 S.D. LEXIS 339

CourtSouth Dakota Supreme Court

DecidedFebruary 2, 1929

DocketFile No. 6078

StatusPublished

This text of 223 N.W. 330 (Commercial & Savings Bank v. Felderman) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commercial & Savings Bank v. Felderman, 223 N.W. 330, 54 S.D. 401, 1929 S.D. LEXIS 339 (S.D. 1929).

Pincite

Opinion

PER CURIAM.

This action was brought to recover on four promissory notes. Defendants answered admitting the execution of the notes, but alleged that they had been induced to execute the notes by fraud and misrepresentation, and without consideration. To this answer plaintiff demurred on the ground that the answer does not state facts sufficient to constitute a defense to the causes of action pleaded in the complaint. The demurrer was overruled by the trial court, and plaintiff appeals.

We are of the opinion that the answer is sufficient to raise an issue of fact and that the demurrer was properly overruled.

The order appealed from is affirmed.

SHERWOOD., P. J., and BURCH and CAMPBELL, JJ., concur. BROWN, J., absent and not participating.

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PER CURIAM.

This action was brought to recover on four promissory notes. Defendants answered admitting the execution of the notes, but alleged that they had been induced to execute the notes by fraud and misrepresentation, and without consideration. To this answer plaintiff demurred on the ground that the answer does not state facts sufficient to constitute a defense to the causes of action pleaded in the complaint. The demurrer was overruled by the trial court, and plaintiff appeals.

We are of the opinion that the answer is sufficient to raise an issue of fact and that the demurrer was properly overruled.

The order appealed from is affirmed.

SHERWOOD., P. J., and BURCH and CAMPBELL, JJ., concur. BROWN, J., absent and not participating.

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Bluebook (online)

223 N.W. 330, 54 S.D. 401, 1929 S.D. LEXIS 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-savings-bank-v-felderman-sd-1929.