Citizens' Bank v. Schultz
North Dakota Supreme Court
Appeal from District Court, Walsh county; W. •/. Kneeshaw, Judge» Action by the Citizens’ Bank of Drayton against August Schultz. From an order granting a new trial after judgment for defendant, defendant appeals. Failure to protest and notify of dishonor releases indorser. Bank of Gilby v. Farnsworth, 7 N. D. 6, 38 L.R.A. 843, 72 N. W. 901; 2 Dan. Neg.
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Appeal from District Court, Walsh county; W. •/. Kneeshaw, Judge» Action by the Citizens’ Bank of Drayton against August Schultz. From an order granting a new trial after judgment for defendant, defendant appeals. Failure to protest and notify of dishonor releases indorser. Bank of Gilby v. Farnsworth, 7 N. D. 6, 38 L.R.A. 843, 72 N. W. 901; 2 Dan. Neg. Inst. §§ 970, 1039, 1464; 2 Edwards, Bills & Notes, §§ 790, 829, 833; Carroll v. Sweet, 128 N. T. 19, 13 L.B.A. 43, 27 N. E. 763; Mohawk Bank v. Broderick, 10 Wend. 304; Rev. Codes 1905, §§ 6368, 6391, 6398, 6404, 6406, 6498; 2 Dan. Neg. Inst.…
1Opinion of the CourtFisk, J.
Action for money had and received. Defendant had judgment in the court below, and thereafter plaintiff moved for a new trial basing its motion upon the ground, among others, of newly discovered evidence, and from an order granting such motion, this appeal is prosecuted. The record does not disclose the ground upon which such motion was granted, but it is well settled that such order will not be disturbed if there is any tenable ground for its support. Gooler v. Eids*554ness, 18 N. D. 338, 121 N. W. 83; Davis v. Jacobson, 13 N. D. 430, 101 N. W. 314.
We are entirely convinced that tbe learned trial…
2Cases cited7 opinions
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Kenezleber v. WahlCalifornia Supreme Court · 1891
- Gooler v. EidsnessNorth Dakota Supreme Court · 1909
- Mally v. MallySupreme Court of Iowa · 1901
- Missouri Pacific Railway Co. v. LovelaceSupreme Court of Kansas · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. BraathenNorth Dakota Supreme Court · 1950
- Kvello v. City of LisbonNorth Dakota Supreme Court · 1917
- Stude v. MadzoNorth Dakota Supreme Court · 1974
- Stude v. MadzoNorth Dakota Supreme Court · 1974