Christ v. Garretson State Bank
Christ v. Garretson State Bank
Opinion of the Court
The plaintiff, who owned a threshing machine, employed T. E. Hunt to sell it. Hunt sold it for $200, receiving two notes of $100 each. One of these he sold to defendant for $90, and deposited the other in plaintiffs name. Upon demand, defendant surrendered the note on deposit, but refused to surrender the one it purchased, and this action was brought to recover its value The court by whom the action, was tried, without a jury, found that Hunt was autborizéd to sell the note. The finding cannot be disturbed. It is only when this court is satisfied that there is a clear preponderance of the evidence against the findings of the trial court or referee that the decision will be reversed on the ground of insufficiency of evidence. Randall v. Burk Tp., 4 S. D. 337, 57 N. W. 4. In this case, we think, the preponderance is in favor of the finding.
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- Syllabus
- 1. A finding of a trial court will not bo disturbed lor insufficiency of evidence unless there is a olear preponderance of evidence against it.- 2. Where, in a case tried without a jury, the issue, was whether defendant had purchased a certain note believing he was dealing with plaintiffs authorized agent, testimony as to what the agent said at the time of negotiating the note, while nor evidence of the agent’s authority, was admissible to show the purchase and good faith of defendant. 3. On a trial 1o the court it will not. be presumed the court considered evidence for any other than the purpose for which it was properly admitted.