Legal Opinion
First National Bank & Trust Co. of Williston v. Scherr
North Dakota Supreme Court
Decided March 19, 1991No. Civ. 900091PublishedCited by 4 opinions
1Opinion of the Court
MESCHKE, Justice.
The First National Bank & Trust Company of Williston appealed from a judgment that Albinus Scherr, a partner, and Scherr and Scherr, the partnership, were not liable on a $65,000 note to the Bank signed for the partnership by only one partner, Pius Scherr, contrary to a restriction in the partnership agreement known to the Bank. We affirm.
Pius Scherr and Albinus Scherr started a general partnership to construct and invest in buildings. On September 15, 1981, this new partnership, Scherr and Scherr, opened a checking account at the Bank. The Partnership Checking Account…
2Cases cited16 opinions
- Askew v. Joachim Memorial HomeNorth Dakota Supreme Court · 1975
- Stracka v. PetersonNorth Dakota Supreme Court · 1985
- Owens v. Palos Verdes MonacoCalifornia Court of Appeal · 1983
- Red River Commodities, Inc. v. EidsnessNorth Dakota Supreme Court · 1990
- West Side Trust Co. v. GascoigneNew Jersey Superior Court Appellate Division · 1956
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3Cited by4 opinions
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- Connecticut National Bank v. CooperSupreme Court of Connecticut · 1995
- Hall Family Living Trust Ex Rel. Hall v. Mutual Service Life Insurance Co.North Dakota Supreme Court · 2001
- Phillips and Jordan, Inc. v. AM Dirtworks and Construction LLCDistrict Court, D. North Dakota · 2020