Legal Opinion

Walters v. Rock

North Dakota Supreme Court

Decided February 21, 1908PublishedCited by 17 opinions

Appeal from District Court, Traill county; Pollock, J. Action by A. N. Walters against Jacob Rock. Judgment for defendant, and plaintiff ap-peals. Exceptions to a deposition filed 'before commencement of trial are in time.

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Appeal from District Court, Traill county; Pollock, J. Action by A. N. Walters against Jacob Rock. Judgment for defendant, and plaintiff ap-peals. Exceptions to a deposition filed 'before commencement of trial are in time. State v. Kent, 5 N. D. 516, 67 N. W. 1052; State v. Hasledahl, 2 N. D. 521, 52 N. W. 315; Hunnell v. State, 86 Ind. 431; Wagner v. State, 42 Ohio St. 537; Cregier v. Bunton, 2 Strobh, 503 ; Ueland v. Dealy, 11 N. D. 530. Evidence is necessary to identify D. E. Rogers with Daniel Eastman Rogers. Vickery v. Burton, 6 N. D. 245. 69 N. W. 193; Andrews v. Winn, 54 N( W. 1047;…

1Opinion of the CourtMorgan, C. J.

Action on a promissory note by an indorsee claiming to be a purchaser in due course. The answer alleges that the note was procured through fraudulent representations on the part of the payee, and that the plaintiff took said note with knowledge of the fraud by which it was executed and delivered. The jury found in favor of the defendant. A motion for a new trial was made and denied. Plaintiff appeals from the order denying a new trial. The assignments are numerous; but the one principally relied on is that the evidence is insufficient to justify the verdict.

The original payee of the note was…

2Cases cited17 opinions

  1. Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
  2. First National Bank v. FlathNorth Dakota Supreme Court · 1901
  3. Vickery v. BurtonNorth Dakota Supreme Court · 1896
  4. Hunnel v. StateIndiana Supreme Court · 1882
  5. Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905

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3Cited by17 opinions

  1. Verry v. MurphyNorth Dakota Supreme Court · 1968
  2. McCarty v. KepretaNorth Dakota Supreme Court · 1913
  3. Burdick v. MannNorth Dakota Supreme Court · 1931
  4. Hunder Ex Rel. Hunder v. RindlaubNorth Dakota Supreme Court · 1931
  5. State v. QuinnSouth Dakota Supreme Court · 1979

12 more not listed; retrieve them via the Exa API.

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