Rapp v. Giddings

Citations

• 4 S.D. 492
• 57 N.W. 237
• 1894 S.D. LEXIS 5

Syllabus

<p>1. Where payment is made by check, which recites on its face, “in full of all demands,” such words will constitute a receipt in full, as against the payee, only when it is shown that he had knowledge of the presence of such words, or facts are shown which in law would charge him with such knowledge.</p> <p>2. The possession of such knowledge, held, upon the evidence in this case, to be a question for the jury.</p> <p>3. An instruction is properly refused which assumes and is predicated upon a fact, as established, which the evidence leaves in dispute.</p> <p>(Syllabus by the court.</p>