First National Bank v. Laughlin
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by the First National Bank of Decorah against A. H. Laughlin and others on a promissory note. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Ransom County; Lauder, J. Action by the First National Bank of Decorah against A. H. Laughlin and others on a promissory note. Judgment for defendants, and plaintiff appeals. The alteration to effect the validity of the note, or the obligation of the defendants under it, must be material. 2 Parsons on Contracts, 716, 724; Parsons on Notes and Bills, 564; Jones on Const, of Contracts, 263-4; Harrington v. Crane, 5 Cal. 173; Turner v. Billingham, 2 Cal. 520; Brown v. Pinkham, 18 Pick. 172; Burlingame v. Brewster, 22 Am. Rep. 177; Hayes v. Mathews, 30 Am. Rep. 226.…
1Opinion of the Court
Wallin J.
Plaintiff sues as the bona fide purchaser ■ of a promissory note. The complaint is in the usual form, and describes the note upon which suit is brought. Plaintiff claims as indorsee of Rix & Goodenough. The action was against the makers of the note. The defendants, in their answer, deny that they ever executed or delivered the note described in the complaint, but admit that they executed and delivered to the firm of Rix & Goodenough a writing in all respects similar to the note described, except that it contained the words: “Agreeing to pay all expenses incurred by suit or. otherwise…
2Cases cited17 opinions
- Coffey v. GreenfieldCalifornia Supreme Court · 1882
- Shain v. ForbesCalifornia Supreme Court · 1890
- Cayuga County National Bank v. PurdyMichigan Supreme Court · 1885
- Johnston v. MayIndiana Supreme Court · 1881
- Walton Plow Co. v. CampbellNebraska Supreme Court · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Stadler v. First National BankMontana Supreme Court · 1899
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Duncan v. Great Northern Railway Co.North Dakota Supreme Court · 1908
20 more not listed; retrieve them via the Exa API.