Mulroy v. Jacobson
North Dakota Supreme Court
Appeal from District Court for Griggs County, Goss, Special Judge. From a judgment in plaintiff’s favor, and from an order denying a motion for a new trial, defendant appeals. Oral negotiations of the parties became merged in the written contract, and it was error to permit testimony as to the terms of such contract.
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Appeal from District Court for Griggs County, Goss, Special Judge. From a judgment in plaintiff’s favor, and from an order denying a motion for a new trial, defendant appeals. Oral negotiations of the parties became merged in the written contract, and it was error to permit testimony as to the terms of such contract. Taugher v. Northern P. R. Co. 21 1ST. D. Ill, 129 1ST. W. 717. The legal effect of a contract of exchange of property is generally the same as that of a contract of sale. 35 Cyc. 40; Rev. Codes, § 5445 ; 28 Am. & Eng. Enc. Law, 664; Hornblower v. Proud, 2 Barn. & Aid. 327, 20…
1Opinion of the CourtFisk, J.
Plaintiff seeks to recover damages for the alleged conversion of certain promissory notes of the face value of $4,458, and alleged to he worth that sum. The complaint is in the usual form, alleging ownership and right of possession in plaintiff of the notes in question on April 14, 1909, and that on such date the defendant, having such notes in his possession, unlawfully converted and disposed of the same to his own use, to plaintiff’s damage in the sum aforesaid.
The answer puts in issue the allegation as to plaintiff’s ownership and right to the possession of the notes on April 14, 1909, or…
2Cases cited6 opinions
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- Biggs v. StuelerCourt of Appeals of Maryland · 1901
- Hammond v. BeesonSupreme Court of Missouri · 1892
- Canadian Bank of Commerce v. CoumbeMichigan Supreme Court · 1882
- State v. HowellSupreme Court of New Jersey · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hunder Ex Rel. Hunder v. RindlaubNorth Dakota Supreme Court · 1931
- Huston v. JohnsonNorth Dakota Supreme Court · 1915
- Tolerton & Warfield Co. v. SultNorth Dakota Supreme Court · 1916
- Dalen v. CoddingtonNorth Dakota Supreme Court · 1918