BOTTUM v. HERR

Nos. 10447, 10474.

162 N.W.2d 880 (1968)

Joseph H. BOTTUM III, Plaintiff and Appellant, v. Delane D. HERR, Defendant and Respondent.

Supreme Court of South Dakota.

November 22, 1968.


Attorney(s) appearing for the Case

Morris Myers, Aberdeen, for plaintiff and appellant.

Martens, Goldsmith, May & Porter, Pierre, for defendant and respondent.


HOMEYER, Judge.

This appeal involves primarily a problem of nonjoinder of parties in an action to recover on a lost promissory note.

The complaint alleged that the defendant, Delane D. Herr, on or about March 1, 1964, executed and delivered to Roland E. Bauer, his promissory note for $7,500 due March 1, 1965, with interest at 8% per annum. That said note was lost by the payee on or about August 1, 1965, and was not endorsed when lost. That on or about March...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases