Buchanan v. Occident Elevator Co.
North Dakota Supreme Court
From a judgment of the District Court of Foster County, Coffey, J., defendant appeals. In order for respondents to maintain their cause of action as pleaded, it was incumbent upon them to prove default in payment of the notes secured, or a breach of some condition of the mortgage. Madison Nat. Dank v. Farmer, 5 Dak. 285, 40 N. W. 345. In the absence of a statute, no formal language is necessary to constitute a valid demand.
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From a judgment of the District Court of Foster County, Coffey, J., defendant appeals. In order for respondents to maintain their cause of action as pleaded, it was incumbent upon them to prove default in payment of the notes secured, or a breach of some condition of the mortgage. Madison Nat. Dank v. Farmer, 5 Dak. 285, 40 N. W. 345. In the absence of a statute, no formal language is necessary to constitute a valid demand. Any language which is so clear that it makes known what is wanted, is sufficient. 9 Am. & Eng. Enc. Law, 2d ed. 7211; Sanford v. Duluth & D. Elevator Co. 2 N. D. 6, 48 N.…
1Opinion of the CourtChristianson, J.
This is an action to recover damages for the .alleged conversion of certain grain covered by a chattel mortgage, ■executed and delivered to the plaintiffs by one Harper, the owner of the grain, and which grain was delivered and sold by said Harper in January, 1913, to the defendant at its elevator at Sykeston, in this state. The jury returned a verdict in favor of the plaintiffs for $1,021.96. Judgment was entered pursuant to the verdict, and defendant has •appealed from the judgment.(1) At the close of plaintiff's case in chief, defendant moved for a •dismissal of the action. This motion was…
2Cases cited11 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- Pease v. MagillNorth Dakota Supreme Court · 1908
- Madson v. RuttenNorth Dakota Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Fisher v. SukoNorth Dakota Supreme Court · 1961
16 more not listed; retrieve them via the Exa API.