Legal Opinion

Jensen v. Clausen

North Dakota Supreme Court

Decided August 10, 1916PublishedCited by 19 opinions

From a judgment of the District Court of Ward County, Leighton, J., defendant appeals. “Undue influence” under o-ur statute exists where one person takes advantage of another’s weakness of mind, or takes a grossly oppressive and unfair advantage of another’s distress or necessity. Comp.

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From a judgment of the District Court of Ward County, Leighton, J., defendant appeals. “Undue influence” under o-ur statute exists where one person takes advantage of another’s weakness of mind, or takes a grossly oppressive and unfair advantage of another’s distress or necessity. Comp. Laws 1913, § 5852. To obtain a verdict or finding that a certain act was procured by undue influence, it is necessary to show that its execution was the result of an influence which destroyed the free agency of the actor, and constrained him to act against his will. 13 Ene. Ev. p. 191, and cases cited. The…

1Opinion of the CourtChristianson, J.

Plaintiff, who is a farmer residing in Ward county in this state, brings this action against defendant, who is an attorney, to recover damages for certain alleged wrongful and fraudulent acts on the part of the defendant.

The evidence offered by plaintiff tended to show the following facts:

In March, 1913, and for some time prior thereto, the plaintiff, who is a bachelor, had a housekeeper, one Mrs. Domsten. They resided on plaintiff’s farm near Kenmare. Mrs. Domsten was a married woman who had separated from her husband, and the defendant, who is an attorney, was engaged by her to institute an…

2Cases cited5 opinions

  1. Aylmer v. AdamsNorth Dakota Supreme Court · 1915
  2. McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
  3. State v. GlassNorth Dakota Supreme Court · 1915
  4. State v. CrayNorth Dakota Supreme Court · 1915
  5. Harshman v. Northern Pacific Railway Co.North Dakota Supreme Court · 1905

3Cited by19 opinions

  1. Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
  2. Schwartz v. GhalyNorth Dakota Supreme Court · 1982
  3. Jacobs v. BeverNorth Dakota Supreme Court · 1952
  4. Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
  5. Goodman v. MevorahNorth Dakota Supreme Court · 1953

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