Stockton v. Turner
North Dakota Supreme Court
From a judgment of the District Court of Foster County, Nuessle, Special J., defendants appeal. Every contract on a negotiable instrument is incomplete and revokable until delivery of the instrument for the purpose of giving it effect. Anderson v. Goodwin, 125 Ga. 663, 51 S. E. 679; Ayres v. Milroy, 53 Mo. 516, 11 Am. Rep. 165; 16 Cyc. 578, 579; Pepper v. State, 22 Ind. 399, 85 Am. Dec. 130; Dixon v. Bristol Sav. Bank, 102 Ga. 161, 66 Am.
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From a judgment of the District Court of Foster County, Nuessle, Special J., defendants appeal. Every contract on a negotiable instrument is incomplete and revokable until delivery of the instrument for the purpose of giving it effect. Anderson v. Goodwin, 125 Ga. 663, 51 S. E. 679; Ayres v. Milroy, 53 Mo. 516, 11 Am. Rep. 165; 16 Cyc. 578, 579; Pepper v. State, 22 Ind. 399, 85 Am. Dec. 130; Dixon v. Bristol Sav. Bank, 102 Ga. 161, 66 Am. St. Rep. 193, 31 N. E.- 96; Miller v. Sears, 91 Cal. 282, 25 Am. St. Rep. 176, 27 Pac. 589; Wheelwright v. Wheelwright, 2 Mass. 117, 3 Am. Dec. 66; Riggs v.…
1Opinion of the CourtChristianson, J.
This is an action for the foreclosure of a real estate mortgage upon certain lands in Poster county. The mortgage bears date February 10, 1912, and secures the payment of a note dated on the same day in the sum of $2,883.75, bearing 7 per cent interest. The mortgage was signed by all four defendants named in the title of this action, and the note was signed by the defendants Turner and Caldwell, and payment thereof guaranteed by the defendants Gorthy and Lindberg.
The complaint is in the usual form. The answer admits the execution of the note and mortgage, but alleges that the same were never…
2Cases cited4 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Lady Superior of the Congregational Nunnery of Montreal v. McNamaraNew York Court of Chancery · 1848
- Blight v. SchenckSupreme Court of Pennsylvania · 1849
3Cited by3 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Tenney Co. v. ThomasNorth Dakota Supreme Court · 1931
- Kittel v. StrausNorth Dakota Supreme Court · 1920