Northern Trust Co. v. First National Bank
North Dakota Supreme Court
Appeal .from the District Court of Cass County. Polloclc, J. In legal effect, this action is by Cass county against the defendant. The cause of action accrues when consequential injury has followed official nonfeasance or misfeasance, and not before. Northern Trust Co. v. First Nat.
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Appeal .from the District Court of Cass County. Polloclc, J. In legal effect, this action is by Cass county against the defendant. The cause of action accrues when consequential injury has followed official nonfeasance or misfeasance, and not before. Northern Trust Co. v. First Nat. Bank, 25 N. D. 74, 140 N. W. 705; 3 Sutherland, Code PI p. 2828; Brooks v. The Governor, l7 Ala. 806; Johnson v. Marshall, 34 Ala. 526. “The procurement of the money by one from his friends, and placing-it in the vaults of the bank, was a payment of the money he had before taken out for his own purposes. It thus…
1Opinion of the CourtBurke, J.
Appeal from a trial to the court without a jury. Although both respondent and appellant insist that there is no dispute as to the material facts, we find that they disagree when it comes to their statements. In the 1906 elections, one McConville, who was serving as deputy county treasurer of Cass county, was elected treasurer. He was, *9however, short in his accounts as deputy, and to make up such shortage borrowed $2,500 of defendant.
It was agreed by McConville that this $2,500 should be repaid to the bank from his salary as county treasurer at the rate of $100 and interest per month. January…
2Cases cited10 opinions
- Goose River Bank v. Willow Lake School TownshipNorth Dakota Supreme Court · 1890
- Engstad v. DinnieNorth Dakota Supreme Court · 1898
- State ex rel. Diebold Safe & Lock Co. v. GetchellNorth Dakota Supreme Court · 1893
- Capital Bank v. School District No. 53North Dakota Supreme Court · 1890
- City of Dickinson v. WhiteNorth Dakota Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- State Ex Rel. Dushek v. WatlandNorth Dakota Supreme Court · 1924
- United States Fidelity & Guaranty Co. v. Citizens State BankNorth Dakota Supreme Court · 1917
- City of Fargo v. Cass CountyNorth Dakota Supreme Court · 1916
- Fargo Mercantile Co. v. JohnsonNorth Dakota Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.