Western Manufacturing Co. v. Peabody
North Dakota Supreme Court
Appeal from District Court, Foster county; Edward, T. Burke, J. Action by the Western Manfacturing Company against George F. Peabody. Judgment for defendant and plaintiff appeals. To support a judgment, findings must be based upon matter properly pleaded.
Read the full summary
Appeal from District Court, Foster county; Edward, T. Burke, J. Action by the Western Manfacturing Company against George F. Peabody. Judgment for defendant and plaintiff appeals. To support a judgment, findings must be based upon matter properly pleaded. Cawley et al. v. Day et al., 56 N. W. 749; Haynes on New Trial and Appeal, Sec.' 242; Lewis v. Meyers, 3 Cal- 475; Mondran v. Goux, 51 Cal. 151; Devoe v. Devoe, 51 Cal. 543; Harkins v. Cooley, 55 S. D. 227; Anderson v. Alseth, 62 N. W. 435; R. L. Co. v. S. & P. P. Co., 135 N. Y. 209. Objection to findings cannot first be raised on appeal.…
1Opinion of the CourtFisk, J.
This action originated in justice court, and was brought to recover upon a promissory note for $32, executed and delivered *113by defendant to the plaintiff as a part of the purchase price of a certain consignment of jewelry sold and delivered by plaintiff to defendant on or about February 10, 1905. The answer admits the execution of the note sued upon, but alleges, by way of counterclaim, that at the time the same was executed and delivered, defendant purchased a consignment of jewelry from plaintiff at the wholesale invoice price of $192, under an express agreement that, if the defendant should…
2Cases cited3 opinions
- Seeberger v. SchlesingerSupreme Court of the United States · 1894
- Town of Saukville v. Town of GraftonWisconsin Supreme Court · 1887
- Morgan v. BotsfordMichigan Supreme Court · 1890
3Cited by2 opinions
- Perry v. ErdeltNorth Dakota Supreme Court · 1930
- Corey v. WertzlerNorth Dakota Supreme Court · 1934