State v. Sukut
North Dakota Supreme Court
Appeal from the judgment of the District court of Dogan county, Allen, J. Before the court is entitled to direct a verdict for the plaintiff in an action -of this kind the testimony must not only be such as to show consistently the good faitn of the purchaser of the note in suit, but it must also be such that no fair-minded person can draw any other inferences therefrom.
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Appeal from the judgment of the District court of Dogan county, Allen, J. Before the court is entitled to direct a verdict for the plaintiff in an action -of this kind the testimony must not only be such as to show consistently the good faitn of the purchaser of the note in suit, but it must also be such that no fair-minded person can draw any other inferences therefrom. Sweet v. Anderson, 41 N. D. 375; Union National Bank v. Moomaw, 184 N. W. 5, Nebr.; 26 R. C. L. p. 1068; 26 R. C. L. p. 1069. The holder’s right can not be defeated without proof of actual notice of the defect in title or bad…
1Opinion of the CourtGrace, C. J.
This is an appeal from a judgment in plaintiff’s favor in the sum of $2,325.70. The action is .one to recover upon a certain *989$1,750 note. The material facts in the case are as follows: The Lelu Machine & Auto Company was engaged in business in the village of Lehr. It was agent for the Emerson-Brantingham Company, for the sale and distribution of its tractors. In the spring of 19191 the Lehr Machine Company sold to the defendant a certain tractor, plow adjustment, stubble bottoms, extra plow lays, and perhaps some o.ther small items of merchandise, taking his note for the purchase price of…
2Cases cited1 opinion
- Sweet v. AndersonNorth Dakota Supreme Court · 1919
3Cited by3 opinions
- Allis-Chalmers Manufacturing Co. v. FrankNorth Dakota Supreme Court · 1928
- State Bank v. SukutNorth Dakota Supreme Court · 1923
- State Bank v. Lehr Auto MacH. Co.North Dakota Supreme Court · 1926