Scribner State Bank v. Ransom
| Decision Date | 06 April 1915 |
| Docket Number | No. 3638.,3638. |
| Citation | 151 N.W. 1023,35 S.D. 244 |
| Parties | SCRIBNER STATE BANK v. RANSOM et al. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Beadle County; Alva E. Taylor, Judge.
Action by the Scribner State Bank against A. J. Ransom and others. From a judgment in favor of certain defendants, plaintiff appeals. Affirmed.Henry M. Kiddler, of Fremont, Neb., and A. W. Wilmarth, of Huron, for appellant.
Gardner & Churchill, of Huron, for respondents.
On the 13th day of November, 1911, one Ransom, as maker, executed and delivered to the Henderson State Bank of Wessington his certain negotiable promissory note of that date, for $1,250, due one year after said date. On the 14th day of November, 1911, this note was indorsed by Bert J. Henderson and by the Henderson State Bank, and for a valuable consideration delivered to plaintiff, the Scribner State Bank. In March, 1912, the state banking department, by J. L. Wingfield, public examiner, took possession of the Henderson State Bank for the purpose of liquidating and closing up the affairs of said bank under and by virtue of the banking laws of this state. On the 2d day of October, 1912, plaintiff filed with said Wingfield a claim against said Henderson State Bank for said note. Thereafter, in April, 1913, the said bank examiner rejected the said claim. Thereafter the plaintiff, Scribner State Bank, as owner of said note, commenced this action against Ransom, the maker, Bert J. Henderson and the Henderson State Bank, as indorsers, and the state banking department, as defendants. The defendants Ransom and Henderson made no answer. The Henderson State Bank and the state banking department, by Wingfield, public examiner, made answer denying the allegations of the complaint, excepting as to the incorporation of said banks. Verdict was directed in favor of the answering defendants on the ground that the evidence failed to show that the said note was presented for payment at maturity at the time and place payable, or that payment was refused, or that notice of nonpayment was ever served upon the Henderson State Bank to fix its liability as an indorser on said note. From the judgment entered plaintiff appeals, assigning various errors.
[1][2] During the trial plaintiff moved to amend its complaint by adding thereto that after the indorsement and delivery of said note to plaintiff, and before its maturity, the Henderson State Bank, by its cashier, Bert J. Henderson, by verbal agreement with plaintiff agreed to waive protests of said note and notice of dishonor. It appears from the evidence offered by plaintiff in this connection that this alleged verbal waiver occurred in July, 1912, long after the Henderson State Bank had gone into the...
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