Jacobson v. Mohall Telephone Co.
North Dakota Supreme Court
Action to recover money claimed to have been paid on account of a mistake of law. Appeal from the District Court of Renville County, Leighton, J. Judgment for defendant. Plaintiff appeals. The contract and bond in this case bound plaintiff to make good all defalcations of the office, by whomsoever made. “The control of papers as securities implies such a possession thereof under a delivery to the holder, and such acceptance as will perfect the security.”
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Action to recover money claimed to have been paid on account of a mistake of law. Appeal from the District Court of Renville County, Leighton, J. Judgment for defendant. Plaintiff appeals. The contract and bond in this case bound plaintiff to make good all defalcations of the office, by whomsoever made. “The control of papers as securities implies such a possession thereof under a delivery to the holder, and such acceptance as will perfect the security.” Bank of Monroe v. Gifford, 79 Iowa, 300, 44 N. W. 558; Sencerbox v. First Nat. Bank, 14 Idaho, 95, 93 Pac. 369. “A conveyance with a power…
1Opinion of the CourtBruce, J.
This is an action to recover money alleged to have been paid by mistake. The gist of the complaint is that the plaintiff on the 2d day of June, 1913, was employed by the defendant under a written contract as manager, lineman, and repairer of its telephone system, and that at about the same time the plaintiff gave to the defendant a bond to secure the said defendant against any personal dishonesty on the part of the plaintiff, but which bond did not contain any provision guarantying the honesty or integrity of any other employee of the company; that the plaintiff was not well versed in the…
2Cases cited10 opinions
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1900
- Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
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3Cited by2 opinions
- Nelson v. MattsonNorth Dakota Supreme Court · 2018
- McFarland v. Stillwater CountyMontana Supreme Court · 1940