Carpenter v. Schanche

Citations

• 13 S.D. 179
• 82 N.W. 387
• 1900 S.D. LEXIS 100

Syllabus

<p>Where plaintiff, the final assignee of certain claims, alleged that the debtor fraudulently destroyed the notice of assignment which had been served on him, and conspired with the assignor, and paid the claims to him, and the debtor produced evidence that an intermediate assignee, before assigning to plaintiff, gave the debtor notice to pay the claims to the assignor, such evidence was a defense, and the error in striking it out on motion, after it had been received without objection, was sufficient grounds for new trial.</p>