Stevens v. Barnes
North Dakota Supreme Court
Appeal from the judgment of the District Court of Ransom County, Frank P. Allen, J. “A written instrument, has no valid existence until delivered in accordance with the intention of the parties.” Guild v. More, 32 N. D. 432. Nothing will excuse culpable misrepresentations, if you find any were made, short of proof that they were not relied on, either because the other party knew the truth, or because he relied wholly on his own investigation.
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Appeal from the judgment of the District Court of Ransom County, Frank P. Allen, J. “A written instrument, has no valid existence until delivered in accordance with the intention of the parties.” Guild v. More, 32 N. D. 432. Nothing will excuse culpable misrepresentations, if you find any were made, short of proof that they were not relied on, either because the other party knew the truth, or because he relied wholly on his own investigation. Stevens v. Venema (Mich.) 168 N. W. 531; Stevens v. Pearson (Minn.) 163 N. W. 769; Pom. Eq. Jur. § 891. There is no proof that plaintiff was a holder in…
1Opinion of the CourtGrace, J.
This action is one which was brought in the county court of Bansom county on a purported promissory note. By stipulation between the parties, the action was tried in the district court of that county. It was tried to a jury, but, at the close of the testimony, counsel for each of the parties made a motion for a directed verdict. Thus, under the former decisions of this court, the case became a court case.
The complaint states a cause of action upon the promissory note. Before stating the contents of the answer, it may be well to state the substantial facts of the case.
On September 18, 1914,…
2Cases cited12 opinions
- Vickery v. BurtonNorth Dakota Supreme Court · 1896
- People v. HenryMichigan Supreme Court · 1918
- Hatch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906
- Knowlton v. SchultzNorth Dakota Supreme Court · 1897
- Toledo Scale Co. v. GogoMichigan Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sargent County Bank v. WentworthNorth Dakota Supreme Court · 1993
- Verry v. MurphyNorth Dakota Supreme Court · 1968
- Corinth Bank & Trust Co. v. Security Nat. BankTennessee Supreme Court · 1923
- Board of Ed. v. American National Co.Supreme Court of Oklahoma · 1928
- Farmers State Bank v. KofflerNorth Dakota Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.