Legal Opinion

Dakota Coffee Co. v. Johnson

North Dakota Supreme Court

Decided May 25, 1920Published

Appeal from a judgment of the District Court of Cass County, Honorable C. M. Cooley, Judge. Self-serving declarations are not admissible in the trial of a cause. That rule has always been applied to the records of a corporation. 3 Jones, Ev. Blue Booh, 516a. “Entries, of course, in the corporate books, are evidence against the directors and stockholders, but not in their favor.”

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Appeal from a judgment of the District Court of Cass County, Honorable C. M. Cooley, Judge. Self-serving declarations are not admissible in the trial of a cause. That rule has always been applied to the records of a corporation. 3 Jones, Ev. Blue Booh, 516a. “Entries, of course, in the corporate books, are evidence against the directors and stockholders, but not in their favor.” Abbott, Trial Ev. p. 52, ¶ 66, and cases cited in footnote; Grayville v. New York C. & H. B. R. Co. 34 Hun, 226; 3 Cook, Corp. 6th ed. p. 2380; Jacobs v. Morganthaler, 112 N. W. 492; Drake Coal Co. v. Groze, 130 N. W.…

1Opinion of the CourtGrace, J.

This is an appeal from a judgment. The action was one by plaintiff to recover $1,320.19, which it claimed was the agreed price of goods, wares, and merchandise sold by it to the defendant.

The defendant maintains that he made a verbal agreement with the plaintiff, through one Jacobson, the agent of plaintiff, whereby, for a consideration of $3,000, he purchased from plaintiff the entire stock of goods, consisting of tea, coffee, spices, etc., and all of the machinery, *433fixtures, and tools used in the business of the Dakota Coffee Company. He claims to have paid plaintiff the sum of $3,000.

The…

2Cases cited3 opinions

  1. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  2. Oregon & C. R. v. GrubissichCourt of Appeals for the Ninth Circuit · 1913
  3. Jacobs v. MorgenthalerMichigan Supreme Court · 1907

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