First National Bank v. Prior
North Dakota Supreme Court
Appeal from District Court, Cavalier County; Souter, J. Action by the First National Bank of Langdon against Thomas H. Prior and Emma Prior. Judgment for plaintiff, and defendants appeal. The true consideration for an instrument m&y always be shown by parol testimony, notwithstanding there is a consideration expressed in the instrument itself.
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Appeal from District Court, Cavalier County; Souter, J. Action by the First National Bank of Langdon against Thomas H. Prior and Emma Prior. Judgment for plaintiff, and defendants appeal. The true consideration for an instrument m&y always be shown by parol testimony, notwithstanding there is a consideration expressed in the instrument itself. Bank v. Snyder, 44 N. W. Rep. 357; Boiler v. Sacks, 33 N. W. Rep. 862; Kickland v. Wooden Ware Co., 31 N. W. Rep. 471; Cutler v. Steele, 53 N. W. Rep. 521; Dicken v. Morgan, 7 N. W. Rep. 145; Keefe v. Briggs, 20 N. W. Rep. 91; Fraley v. Bentley, 1 Dak.…
1Opinion of the CourtMorgan, J.
This action was brought to foreclose a certain real
estate mortgage executed to the National Bank of North Dakota by the defendants, who are husband an<j* wife, on the 18th day of November, 1890, which said mortgage was duly assigned to the plaintiff in August, 1894. It was given to secure four promissory notes executed by the defendant Prior and one William Dew. Dew is not a party to this action. He was jointly interested in the pur*149chase of the sheep for the purchase price of which these notes were given. The notes were originally given for the sum of $1,417.50, with 12 per cent interest. Two…
2Cases cited4 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
- National Bank of Commerce v. JohnsonNorth Dakota Supreme Court · 1896
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
3Cited by8 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Sargent v. CooleyNorth Dakota Supreme Court · 1902
- Merchants State Bank v. RuettellNorth Dakota Supreme Court · 1903
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