Bank of Gilby v. Farnsworth
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by the Bank of Gilby against S. L. Farnsworth. Judgment for defendant. Plaintiff appeals. The failure of plaintiff to present the original bill was caused by circumstances over which' it had no control, and his failure to present it is thereby excused.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by the Bank of Gilby against S. L. Farnsworth. Judgment for defendant. Plaintiff appeals. The failure of plaintiff to present the original bill was caused by circumstances over which' it had no control, and his failure to present it is thereby excused. Section 4944, Rev. Codes; Wind-ham Bank v. Norton, 22 Conn. 213; Pier v. Heinriclisoffen, 67 Mo. 163; Brown v. Olmstead., 50 Cal. 162. The drawing of the duplicate draft and delivery of it to plaintiff, was a waiver by defendant of the defense of laches. Leonard v. Hastings, 9 Cal.…
1Opinion of the CourtCorliss, C. J.
The plaintiff by this action is seeking to hold the defendant liable as drawer of a draft. The plaintiff is the payee named in such draft, and it was drawn on J. M. Gagen & Co., of Grand Forks City, the defendant being a resident of Gilby, N. D. Defendant had been engaged in buying wheat for J. M. Gagen & Co., for some time previous to the day when this draft was drawn. It was his custom to advance the money with which to make all purchases of wheat for his principal, and at the close of the day to draw upon them a draft through the plaintiff, a state bank at Gilby, to reimburse him for such…
2Cases cited2 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Benton v. MastinNew York Court of Appeals · 1869
3Cited by3 opinions
- Raymond v. BarnardSouth Dakota Supreme Court · 1947
- Farmers & Merchants State Bank v. H. E. Behrens Manufacturing Co.North Dakota Supreme Court · 1924
- California National Bank v. WeldonCalifornia Court of Appeal · 1910