Legal Opinion

Regan v. Jones

North Dakota Supreme Court

Decided November 29, 1905PublishedCited by 6 opinions

Appeal from District Court, Pierce county; Cowwi, J. Action by Thomas Regan and others as executors of the last will of T. S. Edison, deceased, against A. H. Jones. From a judgment for plaintiff, defendant appeals. The test of a counterclaim is, could defendant maintain an independent action on the demand set forth in it.

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Appeal from District Court, Pierce county; Cowwi, J. Action by Thomas Regan and others as executors of the last will of T. S. Edison, deceased, against A. H. Jones. From a judgment for plaintiff, defendant appeals. The test of a counterclaim is, could defendant maintain an independent action on the demand set forth in it. McKinney v. Sundbaclc, 52 N. W. 322; Heebner v. Shepard, 5 N. D. 56, 63 N. W. 892; National Bank of Commerce v. Feeney, 80 N. W. 186; Morris et al. v. Ewing, 8 N. D. 99, 76 N. W. 1047. Section 5653, subdivision 2, does'not exclude a party from testifying if he does not…

1Opinion of the CourtEngerud, J.

Action -by the executors of the last will of Thomas S. Edison, deceased, to recover on a promissory note given by the defendant to the plaintiff’s testator.' A verdict was directed in favor of plaintiffs for the full amount claimed. The defendant has appealed from- -the judgment entered on the verdict.

The defendant admitted- th-e execution and delivery of the note, and “as a defense” alleged that the note was given in payment of the purchase price of some stallions, and that there had been a breach of the warranty under which the stallions were sold, and also a failure to comply with the…

2Cases cited9 opinions

  1. Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
  2. Bates v. . RosekransNew York Court of Appeals · 1867
  3. Stowell v. EldredWisconsin Supreme Court · 1876
  4. Madson v. MadsonSupreme Court of Minnesota · 1897
  5. Bay View Brewing Co. v. GrubbWashington Supreme Court · 1903

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3Cited by6 opinions

  1. Frink v. TaylorNorth Dakota Supreme Court · 1930
  2. Druey v. BaldwinNorth Dakota Supreme Court · 1919
  3. Larson v. NewmanNorth Dakota Supreme Court · 1909
  4. Arneson v. NergerSouth Dakota Supreme Court · 1914
  5. Jester v. JesterNorth Dakota Supreme Court · 1949

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

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