Northern Grain Co. v. Pierce

Citations

• 13 S.D. 265
• 83 N.W. 256
• 1900 S.D. LEXIS 138

Syllabus

<p>1. An assignment of error alleging that the court erred in admitting evidence of claims and accounts on the part of plaintiff, which were not filod in the complaint or reply, as a set-off against defendant’s answer, against the objections and exceptions of defendant, is too uncertain and indefinite to receive attention.</p> <p>2. Where the issues raised by the pleadings necessarily involve a general accounting' between the parties, the evidence need not be confined to the claims or accounts set up by either party in'the pleadings.</p> <p>3. The finding, upon a general accounting before a referee, that defendant is indebted to plaintiff in a sum named, cannot be reviewed on appeal, where the business of the parties was conducted by correspondence, and only a part of the letters introduced in evidence before the referee is in the record on appeal.</p> <p>4. Where, in an action by a mortgagee of personal property against the mortgagor for the possession of the mortgaged property, the evidence shows the defendant is indebted to plaintiff on transactions subsequent to the making of the mortgage, exclusive of certain alleged option deals, the question of the validity of charges against defendant on account of the latter deals is immaterial.</p>