South Dakota Supreme Court February 4, 1964, File 10077 (Aimonetto v. Rapid Gas, Inc.)

HOMEYER, J.

Plaintiff sued defendant on an insufficient funds check for $5,000. At the close of plaintiff's case in chief defendant moved for a directed verdict which motion was denied. At the close of all the testimony both parties moved for a directed verdict without reserving the right to go to the jury on any fact question involved in the suit.