Troy Min. Co. v. Thomas

Citations

• 15 S.D. 238
• 88 N.W. 106
• 1901 S.D. LEXIS 112

Syllabus

<p>1. Where appellant’s assignment of errors on appeal from an order granting a new trial specified six particulars in which the court erred in its charge, appellant could not complain of the order granting a new trial. , •</p> <p>2. An order granting a new trial for insufficiency of evidence will not be disturbed in the absence of an abuse of discretion.</p> <p>3. Where a meeting of the directors of a corporation was held at a time when the treasurer thereof was on his deathbed, and a resolution ■ passed to accept certain property of the treasurer in satisfaction of the amount .due from him to the corporation, the whereabouts of which property was known to the directors and officers, and accessible to them at the time, though not actually delivered, plaintiff corporation was entitled to an instruction on the issue of accord and satisfaction, stating what constituted an acceptance, and clearly distinguishing between acceptance and an agreement to accept.</p>