Tobin v. McKinney

Citations

• 14 S.D. 52
• 84 N.W. 228
• 1900 S.D. LEXIS 7

Syllabus

<p>1. A judgment on a directed verdict may be affirmed if either of the grounds stated in the motion therefor is found to be well taken, though it may not be the ground on which the verdict was actually directed.</p> <p>2. Limitations only begin to run on a certificate of deposit when there is an actual demand of payment in due form, and such demand must precede an action thereon.</p> <p>3. Comp. Laws, § 4059, declares that liability of a general partner for the acts of his copartners continues, even after the dissolution, “in favor of persons who have had dealings with and given credit to the partnership” during its existence, until personal notice of dissolution. Meld, that one who had made two deposits of $40 and $35 each in a certain year during the existence of a banking firm, dealt therewith, and gave credit thereto, within the meaning of such section, and that a habit of dealing, or .any particular amount of credit, need not be shown to entitle a customer to such notice.</p>