Martin v. Graff

Citations

• 10 S.D. 592
• 74 N.W. 1040
• 1898 S.D. LEXIS 43

Syllabus

<p>1. Where the complaint omits facts essential to the cause of action, and which might be supplied by amendment, and defendant pleads thereto, and these facts are proved at the trial after the judge has refused to exclude the evidence of plaintiff on the ground that the complaint does not state a cause of action, the defect in the complaint is no ground for reversal of a judgment for plaintiff.</p> <p>2‘ In an action by an endorsee of a note payable to the Pitts Manufacturing Company, evidence offered by defendants as to transactions, affecting the note, with the H. A. Pitts & Sons Manufauturing- Company, or the H. A. Pitts Manufacturing Company, was inadmissible.</p>