Legal Opinion

McCabe v. Williams

North Dakota Supreme Court

Decided April 21, 1920PublishedCited by 1 opinion

Appeal from the District Court of Burleigh County, Nuessle, J. There can be no recovery on a contract made in violation of a statute as between the parties thereto, or those having notice. 153 N. W. 939; Franklin v. Bank, 143 Ga. 51, 84 S. E. 131; Both v. Bank, 70 Ark. 200, 91 Am. St. Bep. 80, 66 S. W. 918; New v. Walker, 108 Ind. 365, 58'Am. St. Bep. 47; Nyhart v. Kubach, 76 Kan. 159, 90 Pac. 796; Bank v. Eowland, 15 Ga. 600, 84 S. E. 89; 8 C. J. 771, 772; 29 L.B.A.

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Appeal from the District Court of Burleigh County, Nuessle, J. There can be no recovery on a contract made in violation of a statute as between the parties thereto, or those having notice. 153 N. W. 939; Franklin v. Bank, 143 Ga. 51, 84 S. E. 131; Both v. Bank, 70 Ark. 200, 91 Am. St. Bep. 80, 66 S. W. 918; New v. Walker, 108 Ind. 365, 58'Am. St. Bep. 47; Nyhart v. Kubach, 76 Kan. 159, 90 Pac. 796; Bank v. Eowland, 15 Ga. 600, 84 S. E. 89; 8 C. J. 771, 772; 29 L.B.A. (note). “Where the contract is to be performed in a place, other than that in which it is made, the parties, according to the…

1Opinion of the Court

On Petition for Rehearing.

Birdzell, T.

A petition for rehearing has been filed, and, in view of the petition, it has been deemed advisable, for reasons which will be stated, to substitute the following as a more ample statement of the reasons leading to the aflmnance of the judgment, as it will more adequately present the views of a majority of the court.

This is an action on two promissory notes, — one for $400 and the other for $1,000. They are dated thus: “State of North Dakota, Dec. 7th, 1917,” due on the first days of February and April, 1918, respectively, and made payable to the…

2Cases cited10 opinions

  1. Oates v. National BankSupreme Court of the United States · 1879
  2. Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
  3. New v. WalkerIndiana Supreme Court · 1886
  4. Pinney v. First National BankSupreme Court of Kansas · 1904
  5. Herdic v. . RoesslerNew York Court of Appeals · 1888

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3Cited by1 opinion

  1. Green v. Connecticut Fire InsuranceNorth Dakota Supreme Court · 1931

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