Satterlund v. Beal
North Dakota Supreme Court
Appeal from the District Court, McLean County; Winchester, J. Action by John Satterlund against Orlando H. Beal. Judgment, for plaintiff. Defendant appeals. (1) Plea of payment admits plaintiff’s right of action, and denies defendant’s liability by reason of matter in avoidance, i. e., discharge-by payment. 16 Enc. of PI. & Pr. 167, 18 Am. & Eng. Enc. of Law 556. Reply must not set forth facts inconsistent with those alleged, in the complaint.
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Appeal from the District Court, McLean County; Winchester, J. Action by John Satterlund against Orlando H. Beal. Judgment, for plaintiff. Defendant appeals. (1) Plea of payment admits plaintiff’s right of action, and denies defendant’s liability by reason of matter in avoidance, i. e., discharge-by payment. 16 Enc. of PI. & Pr. 167, 18 Am. & Eng. Enc. of Law 556. Reply must not set forth facts inconsistent with those alleged, in the complaint. Rev. Codes, 5277. At common law such pleading is called departure, Gould’s Pleading (3d Ed.) 453. Under the-Codes it is inhibited. 18 Enc. PI. & Pr.…
1Opinion of the CourtCochrane, J.
This case was tried to the court without a jury, and is here for trial anew upon all the evidence, pursuant to section ,5630 Rev. Codes 1899. The defendant, Bea'l, indorsed two notes for plaintiff in 1882. May 6, 1886, a judgment was duly obtained *125and docketed, in favor of William Deering, the payee in these notes*, and against this plaintiff as maker and this defendant as indorserthereof. To secure and indemnify Beal against loss through the enforcement of this judgment against him, the plaintiff, Satterlund, on January 8, 1887, made his promissory note for $500, due two years, after its…
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