Corbett v. Clough

Citations

• 8 S.D. 176
• 65 N.W. 1074
• 1896 S.D. LEXIS 9

Syllabus

<p>1. An original superceded complaint, signed and verified by an attorney, is inadmissible as evidence against the plaintiff in support of an issue tendered by the answer to his amended complaint, unless it is first shown clearly that the recitals thereof, sought to be used as an admission, were inserted under his personal direction, or have since knowingly received his sanction and ratification.</p> <p>2. The writing, “Extended to December 1st, 1891,” placed by the payee thereof on a promissory note, pursuant to an agreement with the maker to extend the time of payment, is a written extension, and presumptive evidence of a consideration, under Subdivision 2 of Sec. 3538 of the Compiled Laws.</p> <p>{Syllabus by the Court.</p>