German-American State Bank v. Erickson
North Dakota Supreme Court
Appeal from District Court of Pierce County, Burr, J. It was prejudicial error for tbe court to rule out as immaterial a question on cross-examination wbicb tended to prove that a third party,: and not tbe mortgagor, owned tbe horses when tbe mortgage was given.' Bidgood v. Monarch, 9 N. D. 627; Hawk v. Konouzke, 10 N. D. 39; Thurston v. Osborne, 13 N. D. 512; James v. Wilson, 8 N. D. 186. We were not first raising this ownership in third person on appeal.
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Appeal from District Court of Pierce County, Burr, J. It was prejudicial error for tbe court to rule out as immaterial a question on cross-examination wbicb tended to prove that a third party,: and not tbe mortgagor, owned tbe horses when tbe mortgage was given.' Bidgood v. Monarch, 9 N. D. 627; Hawk v. Konouzke, 10 N. D. 39; Thurston v. Osborne, 13 N. D. 512; James v. Wilson, 8 N. D. 186. We were not first raising this ownership in third person on appeal. Pitts v. Young, 62 N. W. 432. It is common learning in the law that a man cannot grant or charge that which he hath not. Titusville v. New…
1Dissent
Christianson, Ch. J.
(dissenting). I am unable to agree with either the conclusion or the reasoning of the majority opinion.
The plaintiff brought this action to recover the possession of two certain horses upon which it held a chattel mortgage. The defendant in his answer admitted that there appeared of record in the register of deed’s office a chattel mortgage as set forth in the complaint, and denied the other allegations of the answer. As “a further defense and counterclaim,” the defendant averred that he was the owner of one certain mare, which had been taken from his possession by the…
2Cases cited7 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Tell v. . BeyerNew York Court of Appeals · 1868
- Dyson v. ReamSupreme Court of Iowa · 1859
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