Minnehaha Nat. Bank v. Torrey

Citations

• 10 S.D. 379
• 73 N.W. 193
• 1897 S.D. LEXIS 71

Syllabus

<p>In an action on a note, defendant testified that he had informed the president of plaintiff bank that he could get the money to pay his indebtedness by going to California for about six weeks; that the president said he would be glad if he would, and promised, in that event, to give up all notes, and give a deed to property securing them; that he promised to extend the notes, and wait till defendant got home; that he said the note íd question was past due, but the interest was paid, and it would be all right, and' he would take his money on that and those that were not due, and give a deed, when defendant returned; and that the understanding was that he would extend that note if defendant would pay all the others. Held not sufficient evidence of an extension to go to the jury. Haney, J., dissenting.</p>