Stubbins Hotel Co. v. Beissbarth
North Dakota Supreme Court
Appeal from the County Court of Benson County, O, D. Oomstoch, L “The party for whose benefit accommodation paper has been made acquires no rights against the accommodation party, who may set up the want of consideration as a defense to an action by the accommodated party, since as between them there is no consideration, a fact which is always a defense to a suit on negotiable paper between the immediate parties.
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Appeal from the County Court of Benson County, O, D. Oomstoch, L “The party for whose benefit accommodation paper has been made acquires no rights against the accommodation party, who may set up the want of consideration as a defense to an action by the accommodated party, since as between them there is no consideration, a fact which is always a defense to a suit on negotiable paper between the immediate parties. He is not liable to tbe party accommodated although he also signed for the accommodation of another person, or although a comaker received value from the party accommodated.” 8 O. J.…
1Opinion of the Court
G!raoe, J.
Appeal from the county court of Benson county, U. D. Comstock, Judge.
This appeal is from the judgment of the county court of Benson county and from an order denying a motion for a new trial. The action is one to recover upon a promissory note for $347.42, together with the interest at the rate of 8 per cent, signed, by the defendants jointly. Williams was not served with the summons. Beissbarth answered separately, denying any consideration for the note; alleging that it was signed by him as an accommodation to the plaintiff, the payee in the note. Defendant also alleges that it was…
2Cases cited3 opinions
- State v. UhlerNorth Dakota Supreme Court · 1916
- State v. LaFlameNorth Dakota Supreme Court · 1915
- Mills v. LehmannSouth Dakota Supreme Court · 1911
3Cited by7 opinions
- Morton County Board of Park Commissioners v. WetschNorth Dakota Supreme Court · 1966
- Continental Supply Co. v. Syndicate Trust Co.North Dakota Supreme Court · 1924
- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
- Hess v. GowerSuperior Court of Pennsylvania · 1939
- Citizens State Bank v. SkeffingtonNorth Dakota Supreme Court · 1924
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