Legal Opinion

Herrmann v. State Bank

North Dakota Supreme Court

Decided March 6, 1916Published

Appeal from an order refusing to vacate a default judgment. Appeal from the District Court of Rolette County, Buttz, Judge. “A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it.” Comp.

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Appeal from an order refusing to vacate a default judgment. Appeal from the District Court of Rolette County, Buttz, Judge. “A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it.” Comp. Laws 1913, § 5841; Parlin v. Hall, 2 N. D. 473, 52 N. W. 405; Chung Kee v. Davidson, 73 Cal. 522, 15 Pac. 100; Bray v. Booker, 6 N. D. 526, 72 N. W. 933. “A voluntary trust arises out of a personal confidence reposed in and voluntarily accepted by one for the benefit of another.” Comp.- Laws 1913, § 5703; Perry Tr. 6th ed. § 21,…

1Opinion of the CourtBurke, J.

This is an appeal from an order refusing to vacate a default judgment. The facts as they appear to us are as follows: The Murrays, husband and wife, were the owners of the farm in Bolette *317•county. The land was encumbered as follows: $3,500, first mortgage, payable to one Maher;. second mortgage, controlled by O’Laughlin, $398; a judgment for $495, owned by the plaintiff, Herrmann; a mortgage to one Gilhully, the son of Mrs. Murray, and one or two other liens subsequent to those enumerated. In September, 1912, the second mortgage for $319 was foreclosed, and the holder thereof attempted to…

2Cases cited2 opinions

  1. Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
  2. Van Woert v. New York Life InsuranceNorth Dakota Supreme Court · 1915

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