Earley v. France
North Dakota Supreme Court
Action on two promissory notes, in District Court, Barnes County, Coffey, J., from a judgment rendered for defendant, and from an order denying judgment non obst-ante or for a new trial, plaintiffs appeal.
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Action on two promissory notes, in District Court, Barnes County, Coffey, J., from a judgment rendered for defendant, and from an order denying judgment non obst-ante or for a new trial, plaintiffs appeal. It is a well-settled principle of law that where the maker of commercial paper voluntarily places his paper in the hands of another for negotiation, or who stands by and sees the note indorsed to a party without having his right to defend against the payment of the notes indorsed thereon, or where a failure of the consideration complained of is occasioned by his noncompliance with his own…
1Opinion of the CourtBronson, J.
This is an appeal from judgment rendered in the district court of Barnes county upon a verdict for the defendant, and from the order of the trial court denying a motion for judgment non obstante, or for a new trial. In the district court two actions were submitted upon the same evidence and separate verdicts returned by the jury. The Bank of Sanborn is the plaintiff in one of the actions, and the appellants herein, the plaintiffs in the other. In the action brought by the Bank of Sanborn a verdict was rendered in its favor. In substance the record discloses the following facts: One Beeson, a…
2Cases cited4 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Warren v. WardSupreme Court of Minnesota · 1904
- Gerber v. Board of County CommissionersSupreme Court of Minnesota · 1903
- Smith v. MillsIndiana Supreme Court · 1896
3Cited by6 opinions
- Portner v. TannerWyoming Supreme Court · 1923
- Bramwell Inv. Co. v. Uggla Et Ux.Utah Supreme Court · 1932
- Semmler v. Beulah Coal Mining Co.North Dakota Supreme Court · 1922
- Peoples State Bank of Hillsboro v. SteensonNorth Dakota Supreme Court · 1922
- Bank of Sanborn v. FranceNorth Dakota Supreme Court · 1919
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