Jamison v. McFarland

Citations

• 10 S.D. 574
• 74 N.W. 1033
• 1898 S.D. LEXIS 39

Syllabus

<p>A maker deposited his note with a bailee in escrow as security for the performance of a contract to c.onvey land in exchange for merchandise. The contract was abandoned by the maker, and there was no evidence of performance by the other party. The bailee transferred the note without authority, and there was some evidence that the purchaser took it with notice, and that he paid for it by crediting the indorser on an old obligation. Held, that the question of notice was for the jury, and it was error to direct a verdict.</p>