First National Bank of Glasgow v. Carroll
North Dakota Supreme Court
Appeal from the District Court of Ward County, K. E. Leighton, J. The court erred in holding that the testimony of the defendant, Carroll, was barred under subdivision 2, § 7871, Comp. Laws 1913. Cardiff v. Marquis, 17 N. D. 110; Lake Grocery Co. v. Chiostri, 34 N. D. 386. He cannot be excluded unless the party against whom his testimony is offered is within one of the classes protected by the statute. 40 Cyc. 2263, 2301, and cases cited.
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Appeal from the District Court of Ward County, K. E. Leighton, J. The court erred in holding that the testimony of the defendant, Carroll, was barred under subdivision 2, § 7871, Comp. Laws 1913. Cardiff v. Marquis, 17 N. D. 110; Lake Grocery Co. v. Chiostri, 34 N. D. 386. He cannot be excluded unless the party against whom his testimony is offered is within one of the classes protected by the statute. 40 Cyc. 2263, 2301, and cases cited. The knowledge of the director of the plaintiff bank, Coleman, is imputed to the plaintiff, and hence plaintiff cannot be a holder in due course. McCarty v.…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment entered pursuant to a directed verdict in favor of the plaintiff. The action was brought by the plaintiff as holder of a promissory note for $502, dated December 12, 1917, made payable to E. D. Coleman, and indorsed by him in blank. Coleman died before the trial of the action. At the trial the plaintiff proved the defendant’s signature, and, to prove plaintiff’s ■ownership, one K'. M. Lewis, vice president of the plaintiff bank, was •called and testified to the signature of Coleman as indorser and that the bank was the owner and holder of the note.
The…
2Cases cited7 opinions
- King v. DoaneSupreme Court of the United States · 1891
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- Emerado Farmers Elevator Co. v. Farmers BankNorth Dakota Supreme Court · 1910
- Mackey v. ReevesSouth Dakota Supreme Court · 1921
- Grebe v. SwordsNorth Dakota Supreme Court · 1914
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3Cited by8 opinions
- Schoenbaum v. FirstbrookCourt of Appeals for the Second Circuit · 1968
- Pacific Nat. Agr. Credit Corporation v. HagermanNew Mexico Supreme Court · 1935
- Taylor & Co. v. Nehi Bottling Co.Court of Appeals of Texas · 1930
- Knox v. KruegerNorth Dakota Supreme Court · 1966
- First National Bank of Buffalo v. BratsbergNorth Dakota Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.