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NEVE v. DAVIS

No. 24857.

775 N.W.2d 80 (2009)

2009 SD 97

Gerald R. NEVE and Nancy K. Neve, husband and wife, Plaintiffs and Appellants, v. Donald L. DAVIS, an individual and The Donald L. Davis Living Trust, Defendants and Appellees.

Supreme Court of South Dakota.

Considered on Briefs March 23, 2009.

Reassigned June 30, 2009.

Attorney(s) appearing for the Case

Rollyn H. Samp, Samp Law Offices, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Michael A. Henderson of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

ZINTER, Justice (on reassignment).

[¶ 1.] A jury found that repayment of a gambling debt was a part of the consideration for a promissory note executed by Gerald Neve in favor of the Donald L. Davis Living Trust. In accordance with the jury verdict, the circuit court voided the note pursuant to a statute that prohibits enforcement of notes given in full or partial consideration of gambling debts. Neve appeals the circuit court's subsequent entry of a judgment...

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