Baird v. Vines

Citations

• 18 S.D. 52
• 99 N.W. 89
• 1904 S.D. LEXIS 20

Syllabus

<p>1. A note stipulating for “other costs,” in addition to attorney’s fees, “in case the holder is obliged to enforce payment at law,”.is nonnegotiable in South Dakota.</p> <p>Ü. In the absence of'proof,'the laws of another state are presumed to be the • ■ same as those of South Dakota. • 1</p> <p>3. A stipulation in a note as to attorney’s fees does not render it nonnego* tiable.</p> <p>4. In an action on a note made in Montana, and nonnegotiable in South Dakota, because providing for attorney’s fees “in addition to other costs, in case the holder is obliged to enforce payment at law,” plaintiff introduced in evidence a decision of the Supreme Court in Montana to show that the note was negotiable there; and the court, on such showing-, rendered judgment for plaintiff. Held, that a new trial yras prop;erly granted, where, as a matter of fact, the Montana decision was'based ' merely on the stipulation as to attorney’s fees, and not “as to other posts,” ■ . '</p>