Union National Bank of Minot v. Western Building Co.
North Dakota Supreme Court
From a judgment of the District Court of Ward County, Honorable K. E. Leighion, Judge, the defendant, Person, appeals. The judgment and record was admissible as evidence particularly after the court had allowed evidence to go in of the reputation of the alleged firm. Jones Ev. 2d ed. § 588; 10 E. O. L. § 223; 15 E. C. L. §§ 482, 488; Bow v. Allenstown, 69 Am. Dec. 489; Yaughan v. Phebe, 17 Am.
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From a judgment of the District Court of Ward County, Honorable K. E. Leighion, Judge, the defendant, Person, appeals. The judgment and record was admissible as evidence particularly after the court had allowed evidence to go in of the reputation of the alleged firm. Jones Ev. 2d ed. § 588; 10 E. O. L. § 223; 15 E. C. L. §§ 482, 488; Bow v. Allenstown, 69 Am. Dec. 489; Yaughan v. Phebe, 17 Am. Dec. 770. The court erred in its instructions to the jury in commenting upon the evidence, and in unduly expressing and emphasizing the liability or supposed liability of the defendant Andrew Person.…
1Opinion of the Court
Christianson, Ch. J.
The plaintiff brought this action to recover upon two promissory notes alleged to have been executed and delivered to it by the defendants Andrew Person, J. H. Jenson, and C. M. Knudson, doing business as a copartnership under the firm name of Western Building Company. The defendants Jenson and Knudson defaulted. The defendant Person appeared and answered. He denied that he was a member of said firm, or that he ever had been a partner of the codefendants, Jenson and Knudson. The case was submitted to the jury upon the issues thus framed. The jury returned a verdict for the…
2Cases cited1 opinion
- O'Riley v. ClampetSupreme Court of Minnesota · 1893
3Cited by8 opinions
- Bohn v. JohnsonNorth Dakota Supreme Court · 1985
- Stockmen's Insurance Agency, Inc. v. Guarantee Reserve Life Insurance Co. of HammondNorth Dakota Supreme Court · 1974
- Power v. WilliamsNorth Dakota Supreme Court · 1925
- Armstrong v. MillerNorth Dakota Supreme Court · 1972
- Feather v. KrauseNorth Dakota Supreme Court · 1958
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