Jackson v. Sabie
North Dakota Supreme Court
From a .judgment of the District Court of Cavalier County, KneeshaiVj J., defendant appeals. “On a proceeding instituted for the purpose of charging a person with some liability imposed upon him by virtue of his being a member of a corporation, the burden of proving the fact of membership is upon the party asserting it.” 3 Enc. Ev. 616; Eouche v. Merchants Nat.
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From a .judgment of the District Court of Cavalier County, KneeshaiVj J., defendant appeals. “On a proceeding instituted for the purpose of charging a person with some liability imposed upon him by virtue of his being a member of a corporation, the burden of proving the fact of membership is upon the party asserting it.” 3 Enc. Ev. 616; Eouche v. Merchants Nat. Bank, 110 Ga. 827, 36 S. E. 256; Diven v. Lee, 36 N. T. 302. The prima facie presumption which accompanies the promissory note is overcome and destroyed when defendant submits proof the truth of which would avoid the note. • LIuber v.…
1Opinion of the CourtChristianson, J.
On Juno 20th, 1908, the defendant executed a note for $100, payable to the Cavalier County Farmers’ Co-operative Mercantile Company on November 1st, 1910, and delivered such note to one Welo, the secretary of the Cavalier County Farmers’ Co-operative Mercantile Company. Both Welo and the defendant testified in regard to the transaction, and, while they disagree as to what was said at the time, they agree that the only consideration defendant was to receive for such note was a share of capital stock in the Cavalier County Farmers’ Co-operative Company.
The defendant testified in part: “We had…
2Cases cited3 opinions
- Marson v. DeitherSupreme Court of Minnesota · 1892
- Barnard v. TidrickSouth Dakota Supreme Court · 1915
- German Mercantile Co. v. MetzNorth Dakota Supreme Court · 1911
3Cited by4 opinions
- Chaffee v. Farmers' Co-Operative Elevator Co.North Dakota Supreme Court · 1918
- Farrell v. SimonsSupreme Court of Oklahoma · 1937
- Marlatt v. CoutureNorth Dakota Supreme Court · 1918
- Baird v. KileneNorth Dakota Supreme Court · 1925