NORTHSTREAM v. 1804 COUNTRY STORE

Nos. 24232, 24257.

739 N.W.2d 44 (2007)

2007 SD 93

NORTHSTREAM INVESTMENTS, INC., Plaintiff and Appellant, v. 1804 COUNTRY STORE CO., Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 29, 2007.


Attorney(s) appearing for the Case

Timothy M. Engel and Brittany L. Novotny of May, Adam, Gerdes & Thompson, Pierre, South Dakota, Attorneys for plaintiff and appellant.

James E. Carlon of Carlon Law Office Attorney, Pierre, South Dakota, for defendant and appellee.


JENSEN, Circuit Judge.

[¶ 1.] This is the second appeal by Northstream Investments Inc. (Northstream) in its action to enforce a secured loan made by Security Bank N.A. (Security) to the 1804 Country Store Co. (1804 Store). The continuing question is the validity of a purported assignment of the 1804 Store loan from Security to Northstream. In Northstream Inv., Inc. v. 1804 Country Store Co., 2005 SD 61, ¶ 23, 697 N.W.2d 762

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