Kidder v. Aaron

Citations

• 10 S.D. 256
• 72 N.W. 893
• 1897 S.D. LEXIS 52

Syllabus

<p>1. Remittitur of portion of verdict resulting- from admission of improper evidence cures the error. ,</p> <p>2. Defendant in an action for possession of chattels for purpose of foreclosing mortgage is not estopped to prove the defense of payment because he received the surplus arising from the sale of the chattels made by plaintiff after commencement of the action.</p>