American National Bank v. Lundy
North Dakota Supreme Court
'Appeal from the District Court of Barnes county; Burke, J. Action upon a promissory note. Defendant had judgment. Mere knowledge of suspicious circumstances will not defeat a recovery. First Nat. Bank v. Flath, 10 N. D. 281, 86 N. W. 867. Being an officer of a purchasing bank and the corporation that is-payee of the note is not notice, if he is ignorant of the defenses. Iowa, Nat. Bank v. Sherman, 17 S. D. 396, 106 Am.
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'Appeal from the District Court of Barnes county; Burke, J. Action upon a promissory note. Defendant had judgment. Mere knowledge of suspicious circumstances will not defeat a recovery. First Nat. Bank v. Flath, 10 N. D. 281, 86 N. W. 867. Being an officer of a purchasing bank and the corporation that is-payee of the note is not notice, if he is ignorant of the defenses. Iowa, Nat. Bank v. Sherman, 17 S. D. 396, 106 Am. St. Rep. 778, 97 N. W. 12. Not mere suspicion, but bad faith and want of honesty, must be-shown. Dobbins v. Oberman, 17 Neb. 163, 22 N. W. 356; 7 Cyc. Law & J?roc. pp. 945,…
1Opinion of the CourtSpalding, J.
This is an action brought to recover on two negotiable promissory notes executed and delivered by the respondent to the -Great Western Beet Sugar Company, and purchased by and indorsed -to the appellant for value four days after their execution and delivery -to the Sugar Company. They bear date the 14th day of May, 1906. One is for $748, payable the 14th day of May, 1907, while the other is for $630 and payable the 1st day of October, 1907, and they bear interest at the rate of 6 per cent per annum from their date. The -answer, in short, alleges that they were executed and delivered by the…
2Cases cited6 opinions
- Jennings v. ToddSupreme Court of Missouri · 1893
- First National Bank v. FlathNorth Dakota Supreme Court · 1901
- Walters v. RockNorth Dakota Supreme Court · 1908
- Kerr v. AndersonNorth Dakota Supreme Court · 1907
- Iowa Nat. Bank v. ShermanSouth Dakota Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- Bland v. Fidelity Trust Co.Supreme Court of Florida · 1916
- Caldwell v. McGarveyCourt of Appeals of Texas · 1926
- Grant County State Bank v. Northwestern Land Co.North Dakota Supreme Court · 1914
- Citizens State Bank v. SkeffingtonNorth Dakota Supreme Court · 1924
11 more not listed; retrieve them via the Exa API.