Roberts v. First National Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by William A. Roberts against the First National Bank of Fargo. The Bemis Bros. Bag Company intervened. Judgment for plaintiff. From an order granting a new trial, he appeals. While Matilda M. Roberts was bound to pay the indebtedness due to the bank she was not bound to mortgage her property for the purpose of raising the money.
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Appeal from District Court, Cass County; Pollock, J. Action by William A. Roberts against the First National Bank of Fargo. The Bemis Bros. Bag Company intervened. Judgment for plaintiff. From an order granting a new trial, he appeals. While Matilda M. Roberts was bound to pay the indebtedness due to the bank she was not bound to mortgage her property for the purpose of raising the money. The detriment suffered by her from the giving of such mortgage furnished sufficient consideration to support the bank’s promise to indemnify her against the Inman judgment. McCraith v. Bank, io N. E. Rep.…
1Opinion of the CourtYoung, J.
At the trial of this action in the District Court the *476jury returned a verdict for plaintiff for $3,842.29. The defendant and intervener made a motion for a new trial, which was granted. This appeal is from the order granting the new trial. Plaintiff is seeking to recover the balance of a debt originally, owed by the defendant bank to his mother, Matilda M. Roberts, and assigned to him prior to the commencement of this action. The intervener, the Bemis Bros. Bag Company, is a creditor of Matilda M. Roberts, and it asserts a claim to such balance as may be/ due from the bank, basing its rights…
2Cases cited4 opinions
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Moore v. LowreySupreme Court of Iowa · 1868
- Kellogg v. . OlmstedNew York Court of Appeals · 1862
3Cited by16 opinions
- In re Listing & Assessing Property of Shields Bros.Supreme Court of Iowa · 1907
- Schmidt v. Grand Forks Country ClubNorth Dakota Supreme Court · 1990
- Peters v. GoodrichSupreme Court of Iowa · 1921
- Willow City Farmers Elevator v. Vogel, Vogel, Brantner & KellyNorth Dakota Supreme Court · 1978
- Fornoff v. SmithAppellate Court of Illinois · 1935
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