Legal Opinion

Hillsboro National Bank v. Hyde

North Dakota Supreme Court

Decided April 28, 1898PublishedCited by 6 opinions

Appeal from District Court, Traill County; Pollock, J. Action by the Hillsboro National Bank against James E. Hyde, to recover on an alleged contract. The bank alleged that the respondent James E. Hyde was elected its cashier on the 14th day of January, 1891, upon a salary of $1500 a year in consideration of which he agreed to give his entire time and earnings to the bank.

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Appeal from District Court, Traill County; Pollock, J. Action by the Hillsboro National Bank against James E. Hyde, to recover on an alleged contract. The bank alleged that the respondent James E. Hyde was elected its cashier on the 14th day of January, 1891, upon a salary of $1500 a year in consideration of which he agreed to give his entire time and earnings to the bank. The evidence upon the trial disclosed that during the year 1891, respondent transacted an extensive business in selling real estate on commission out of which he realized five hundred and sixty dollars in notes, and $896 in…

1Opinion of the CourtCorliss, C. J.

The theory of this action presupposes the existence of the most extraordinary contract which has ever fallen under our observation. We question whether it can be paralleled in the history of Anglo-Saxon jurisprudence. The *401defendant is alleged to have sold to plaintiff, a national bank, not only his time for a year, but every farthing of his earnings during that period, from whatever source. Previous to the day when this agreement is claimed to have been made, he was cashier of the plaintiff, at a salary of $1,500 per year. When the question of his retention in that office was discussed at the…

2Cases cited1 opinion

  1. Betts v. SignorNorth Dakota Supreme Court · 1898

3Cited by6 opinions

  1. City of Newark v. BeasleyDistrict Court, D. New Jersey · 1995
  2. Organon, Inc. v. HeplerCourt of Appeals of Washington · 1979
  3. Elliott-Greer Office Supply Co. v. MartinCourt of Appeals of Texas · 1932
  4. Ogallah Elevator Co. v. HarrisonSupreme Court of Kansas · 1916
  5. Polk County v. ParkerSupreme Court of Iowa · 1916

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