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MUSEUS v. GEYER

No. 9429.

66 N.W.2d 63 (1954)

Jewell MUSEUS and Elmer Mattison, Plaintiffs and Appellants, v. Frank GEYER, doing business as Geyer's Cleaners, Defendant and Respondent.

Supreme Court of South Dakota.

September 30, 1954.

Attorney(s) appearing for the Case

William F. Clayton, Sioux Falls, for plaintiffs and appellants.

Lacey & Parliman, Sioux Falls, for defendant and respondent.

SMITH, Presiding Judge.

The action is on a promissory note of defendant dated July 5, 1952 in the principal sum of $501.45 payable to the Servu Realty Company. The complaint alleges that plaintiffs are holders in due course. The answer denies that allegation, and avers that the note was given without consideration under promises by Abe Ogdie, the president of Servu Realty Company, that it would not be negotiated and he would pay it out of his drawing account. A verdict...

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