Tronson v. Colby University
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by C. Tronson against the president and trustees of Colby University. Judgment for plaintiff. Defendant appeals. The note in suit is drawn with a stipulation for the payment of current rate of exchange in New York City in gold, or its equivalent, its negotiability is thereby destroyed. Flagg v. School District, 4 N. D. 30. In every other respect it is a perfect and valid promissory note.
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Appeal from District Court, Traill County; Pollock, J. Action by C. Tronson against the president and trustees of Colby University. Judgment for plaintiff. Defendant appeals. The note in suit is drawn with a stipulation for the payment of current rate of exchange in New York City in gold, or its equivalent, its negotiability is thereby destroyed. Flagg v. School District, 4 N. D. 30. In every other respect it is a perfect and valid promissory note. Hastings v. Thompson, 54 Minn. 182, 55 N. W. Rep. 968, 21 L. R. A. 178; Whittle v. Bank, 26 S. W. Rep. 1106. The note was given to McLaughlin in…
1Opinion of the CourtBartholomew, C. J.
This is an action in equity to cancel a certain note for $1,000 held by defendant against plaintiff, and to cancel and satisfy of record a mortgage upon real estate given to secure said note. Plaintiff was successful below. There is but one question in the case, and that is a question of law. The undisputed facts show that in January, i88g, the plaintiff borrowed from one S. W. McLaughlin the sum of $600, and gave McLaughlin his promissory note for said sum, due December 1, 1893, and bearing interest at the rate of 8 per cent, per annum before maturity, and 12 per cent, after maturity. To…
2Cases cited9 opinions
- Lester v. . JewettNew York Court of Appeals · 1854
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Hubon v. ParkMassachusetts Supreme Judicial Court · 1875
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3Cited by1 opinion
- Grebe v. SwordsNorth Dakota Supreme Court · 1914