State Bank v. Maier
North Dakota Supreme Court
From a judgment of the' County Court of La Moure County, Thomas, Special Judge, defendants Mowery and Lory appeal. Testimony by parol may be received to explain or modify a writing purporting to be a guaranty, and to show the intention of the parties and the purpose of its making. 20 Cyc. 1423. It is always proper to look to the surrounding circumstances in order to discover the suhject-matter and the intention of the parties.
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From a judgment of the' County Court of La Moure County, Thomas, Special Judge, defendants Mowery and Lory appeal. Testimony by parol may be received to explain or modify a writing purporting to be a guaranty, and to show the intention of the parties and the purpose of its making. 20 Cyc. 1423. It is always proper to look to the surrounding circumstances in order to discover the suhject-matter and the intention of the parties. Smeltzer v. White, 92 U. S. 390, 23 L. ed. 508. The same rules applicable to the construction of other contracts obtain here. People v. Backus, 22 N. Y. S. R. 445, 4 N.…
1Opinion of the CourtChristianson, J.
The plaintiff is a banking corporation organized under the laws of this state, and, during all the times hereinafter mentioned, it was engaged in the banking business at Verona in La Moure county in this state. The Farmers and Merchants’ Bank was also engaged in the banking business at Verona from 1909 until its consolidation with the plaintiff bank in 1913. The defendants Lory and Mowery were, respectively, the president and cashier of said Farmers & Merchants’ Bank, and also the holders of more than two thirds of its capital stock. The financial condition of the latter bank became somewhat…
2Cases cited2 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Griffith v. FoxNorth Dakota Supreme Court · 1915
3Cited by22 opinions
- Gotchy v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1923
- State v. KernsNorth Dakota Supreme Court · 1924
- Andersen v. ReslerNorth Dakota Supreme Court · 1929
- Lloyd Mortgage Co. v. DavisNorth Dakota Supreme Court · 1924
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1939
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