Wells-Stone Mercantile Co. v. Aultman, Miller & Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the Wells-Stone Mercantile Company against Aultman, Miller & Co. and others. Judgment for plaintiffs. Defendant appeals. This action arises out of the same subject-matter as the case of the same plaintiff against G. A. Grover, et al, 7 N. D. 460. On the 19th day of December, 1894, Grover executed a deed of trust to one Jones; Jones accepted the trust and qualified, and took possession of Grover’s property.
Read the full summary
Appeal from District Court, Cass County; Pollock, J. Action by the Wells-Stone Mercantile Company against Aultman, Miller & Co. and others. Judgment for plaintiffs. Defendant appeals. This action arises out of the same subject-matter as the case of the same plaintiff against G. A. Grover, et al, 7 N. D. 460. On the 19th day of December, 1894, Grover executed a deed of trust to one Jones; Jones accepted the trust and qualified, and took possession of Grover’s property. It is provided in this deed that Jones shall have power to continue the general merchandise business, sell the stock of…
1Opinion of the CourtBartholomew, C. J.
This is an action brought to compel the beneficiaries under a trust deed to return certain money received by them from the trust estate, to the end that the same may be applied in payment of certain liabilities incurred in the execution of the trust. On a trial to the court the plaintiff succeeded, and the defendants appeal, and ask a retrial of the entire case. This controversy, in a somewhat different form, was before us in Mercantile Co. v. Grover, 7 N. D. 460, 75 N. W. Rep. 911. The plaintiff sold goods to the trustee named in a trust deed, and has not received pay therefor. In the former…
2Cases cited15 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- New v. . NicollNew York Court of Appeals · 1878
- Burwell v. CawoodSupreme Court of the United States · 1844
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Hewitt v. PhelpsSupreme Court of the United States · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Coyle v. DueNorth Dakota Supreme Court · 1914