McCabe v. Williams
North Dakota Supreme Court
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
- Oates v. National BankSupreme Court of the United States · 1879
- Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
- New v. WalkerIndiana Supreme Court · 1886
- Pinney v. First National BankSupreme Court of Kansas · 1904
- Herdic v. . RoesslerNew York Court of Appeals · 1888
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3Cited by1 opinion
- Green v. Connecticut Fire InsuranceNorth Dakota Supreme Court · 1931