Bangs v. Fadden
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by Tracy R. Bangs, assignee, against John Fadden and others. Defendants had judgment and plaintiff appeals.
1Opinion
ON REHEARING.
In denying the petition for rehearing .we deem it necessary to refer to and answer a contention on the part of the defendants not noticed in the original opinion. It is urged that a rule applies to assignments for the benefit of creditors different from that which governs ordinary contracts, and that, where there is any uncertainty as to the true construction of the instrument, arising upon the face thereof, the instrument is void. No authority is cited which supports this novel exception to the otherwise universal rule that an ambiguous instrument is regarded as meaning what the…
2Cases cited4 opinions
- Coyne v. . WeaverNew York Court of Appeals · 1881
- May v. WalkerSupreme Court of Minnesota · 1886
- In re the Assignment of BirdSupreme Court of Minnesota · 1888
- Bangs v. FaddenNorth Dakota Supreme Court · 1895