Beyer v. North American Coal & Mining Co.
North Dakota Supreme Court
Appeal from Stark Comity, Honorable 17. G, Crawford, Judge. Plaintiff appeals. Tbe mortgage in question was fraudulently issued, and is ultra vires, .•and such fact was known to tbe investors’ syndicate before its execution and delivery. Investors’ Syndicate v. North American Coal & Min. Co. 51 N. D. 259, 153 N. W. 472. The defendant’s answer does not contain new matter constituting a •defense or counterclaim, and is demurrable.
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Appeal from Stark Comity, Honorable 17. G, Crawford, Judge. Plaintiff appeals. Tbe mortgage in question was fraudulently issued, and is ultra vires, .•and such fact was known to tbe investors’ syndicate before its execution and delivery. Investors’ Syndicate v. North American Coal & Min. Co. 51 N. D. 259, 153 N. W. 472. The defendant’s answer does not contain new matter constituting a •defense or counterclaim, and is demurrable. Defendants are also es-topped, and they cannot seek relief here by adopting any new theory in the case. Hubbell v. United States, 171 U. S. 203-209, 43 L. ed.…
1Opinion of the CourtBirdzell, J.
This case has been before the court once before upon an appeal from an order of the district court sustaining a demurrer to the complaint. This court reversed the order of the district court and held that the complaint stated a cause of action. After the reversal of the order, separate answers were filed in the district court on behalf of two groups of defendants, — one on behalf of the North American Coal & Mining Company, J. L. Trevillyan, E. B. Nicoll, and J. L. Ludwig, and one on behalf of the Investors’ Syndicate and John E. Tappen. To these answers the plaintiff interposed demurrers,…
2Cases cited7 opinions
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Investors' Syndicate v. LettsNorth Dakota Supreme Court · 1911
- Investors' Syndicate v. North American Coal & Mining Co.North Dakota Supreme Court · 1915
- Beyer v. RobinsonNorth Dakota Supreme Court · 1916
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3Cited by3 opinions
- Beyer v. Investor's SyndicateNorth Dakota Supreme Court · 1921
- Beyer v. North American Coal Co.North Dakota Supreme Court · 1919
- Beyer v. North American Coal & Mining Co.North Dakota Supreme Court · 1919