Kirby v. Scanlan

Citations

• 8 S.D. 623
• 67 N.W. 828
• 1896 S.D. LEXIS 89

Syllabus

<p>1. In an action on a promissory note, where defendants have set out in their answer an agreement under which they received the note, the agreement is a part of defendant’s admissions, and may be considered by the court in determining whether plaintiff has made out his case.</p> <p>2. Where a note has been sold, and the payment of part of the purchase consideration is made contingent on the payment in full of the note, and there is no agreement not to further transfer the note, its transfer to a • subsequent purchaser for full value is not such a payment as will satisfy the contingency.</p>