Dodge v. Furber

• Decision Date: 31 May 1889
• Citation: 50 N.W. 831,6 Dak. 217
• Parties: Dodge et al. v. Furber.
• Court: South Dakota Supreme Court

50 N.W. 831

6 Dak. 217

Dodge et al.

v.Furber.

Supreme Court of the Territory of Dakota.

May Term, 1889.

Appeal from district court, Grant county; L. K. Church, Judge.

Action by Allan C. Dodge and another against Charles M. Furber on his guaranty of a promissory note. From a judgment sustaining a judgment of a justice of the peace rendered on plaintiffs' motion therefor, on the ground that the answer was frivolous and did not set forth facts sufficient to constitute a defense, defendant appeals. Affirmed.

The complaint alleged that on November 7, 1883, one Hall, the agent of defendant, executed to plaintiffs his promissory note, at the same time depositing with plaintiffs valuable negotiable papers as collateral security; that thereafter defendant claimed to own said negotiable papers, and, being desirous of using them, made an agreement with plaintiffs, whereby, in consideration of plaintiffs surrendering them to him, he agreed to pay plaintiffs, within a reasonable time, the balance due on the note. The answer admitted the execution of the note, and the deposit of the papers as collateral security; alleged that Hall had them only for collection, and deposited them without the consent or authority of defendant; admitted that plaintiffs surrendered them to defendant, but denied that defendant ever gave any written guaranty to pay, or cause to be paid, the balance on the note; alleged that any oral or verbal promise to do so was merely given in jest and without consideration; and denied that defendant got possession of the negotiable papers, by legally obligating himself to pay, or cause to be paid, any balance on the note.

E. M. Bennett, A. B. Melville, and Campbell & Barnes, for appellant. B. A. Dodge and R. B. Tripp, for respondents.

PER CURIAM.

This case is affirmed, the court being of opinion that the complaint was sufficient, and that the answer was frivolous. The plaintiffs' motion for judgment was therefore properly sustained.

All concur.