First National Bank v. Bakken
North Dakota Supreme Court
Appeal from District Court, Benson county; Cowan, J. Action by the First National Bank of Knox against Nils O.. Bakken and others. Judgment for plaintiff, and defendants appeal.. When the evidence is such that reasonable men may differ in their conclusions from it, case must go to the jury. Pirie v. Gillitt, 2 N. D. 255, 50 N. W. 710; Vickery v. Burton, 6 N. D. 245, 69 N. W. 193; Warnken v. Merc.
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Appeal from District Court, Benson county; Cowan, J. Action by the First National Bank of Knox against Nils O.. Bakken and others. Judgment for plaintiff, and defendants appeal.. When the evidence is such that reasonable men may differ in their conclusions from it, case must go to the jury. Pirie v. Gillitt, 2 N. D. 255, 50 N. W. 710; Vickery v. Burton, 6 N. D. 245, 69 N. W. 193; Warnken v. Merc. Co., 8 N. D. 24'3, 77 N. W. 1000; Pewonka v. Stewart; 13 N. D. 117, 99 N. W. 1080; Hall v. Nor. Pac. Ry. Co., 16 N. D. 60, 111 Nj. W. 609; Zink v. Lahart, 16 N. D. 56, 110 N. 1W. 931! Bank may act as…
1Opinion of the CourtFisk, J.
Plaintiff recovered judgment in the court below pursuant to a verdict directed 'by the .court. The suit is upon a .promissory note executed and delivered by defendants to the State Bank of Knox. The plaintiff is the successor to said State Bank. The defense is that the payee bank came into possession of sufficient *226funds belonging to defendants to pay the balance due on said note, and that defendants requested such bank to apply said funds to the payment of the note. The funds aforesaid consisted of the proceeds of certain shipments of grain made by defendants, the latter contending that said…
2Cases cited21 opinions
- Aldrich v. Chemical National BankSupreme Court of the United States · 1900
- Western National Bank v. ArmstrongSupreme Court of the United States · 1894
- Kraniger v. People's Building SocietySupreme Court of Minnesota · 1895
- Nevada Bank v. Portland Nat. BankU.S. Circuit Court for the District of Oregon · 1893
- Sherwood v. Home Savings BankSupreme Court of Iowa · 1906
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3Cited by5 opinions
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
- Grant County State Bank v. Northwestern Land Co.North Dakota Supreme Court · 1914
- Westland Oil Co. v. Firestone Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1944
- Farmers' State Bank v. CoutureNorth Dakota Supreme Court · 1920
- Skeffington v. PranteNorth Dakota Supreme Court · 1908