Barnum v. Gorham Land Co.
North Dakota Supreme Court
Appeal from District Court, Traill county; Fisk, Special J. Action by James H. Barnum against The Gorham Land Company. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtEngerud, J.
Defendant has appealed from a judgment of the district court of Traill county. The complaint sets forth a cause of action on a promissory note made and delivered by the defendant to plaintiff, and demands judgment for the amount due on the note. The answer pleads that the alleged note was executed without consideration, and that the transaction in connection with which the note was executed in the name of the corporation by its president was ultra vires of the corporation, and demands judgment that the action be dismissed on the merits. The issues were submitted to the court for trial without…
2Cases cited5 opinions
- Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897
- Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894
- First National Bank v. Merchants National BankNorth Dakota Supreme Court · 1895
- Baumer v. FrenchNorth Dakota Supreme Court · 1899
- Schmitz v. HegerNorth Dakota Supreme Court · 1895
3Cited by7 opinions
- McCormick v. Union Farmers State BankNorth Dakota Supreme Court · 1922
- Stevens v. MeyersNorth Dakota Supreme Court · 1905
- Ripplinger v. OTTEMNorth Dakota Supreme Court · 1950
- Baird v. First National BankNorth Dakota Supreme Court · 1931
- American Case & Register Co. v. BoydNorth Dakota Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.