Fox v. Walley
North Dakota Supreme Court
Appeal from District Court, McHenry county, Paid,a, Jr., J. Action by Robert A. Fox against A. H. Jones and others. Judgment for plaintiff. Defendant Jones appeals. A county like an individual may compromise a claim, and can sell a doubtful claim or judgment at a discount, and contract with a third party to- endeavor to collect it and bind him to pay the county a fixed sum from amounts first realized. State v. Davis, 75 N. W. 897; Collins v. Welch, 12 N. W. 121, 43 Am. Rep.
Read the full summary
Appeal from District Court, McHenry county, Paid,a, Jr., J. Action by Robert A. Fox against A. H. Jones and others. Judgment for plaintiff. Defendant Jones appeals. A county like an individual may compromise a claim, and can sell a doubtful claim or judgment at a discount, and contract with a third party to- endeavor to collect it and bind him to pay the county a fixed sum from amounts first realized. State v. Davis, 75 N. W. 897; Collins v. Welch, 12 N. W. 121, 43 Am. Rep. Ill; Agnew v. Brail, 16 N. E. 230; Town of Petersburgh v. Mappin, 14 111. 193, 56 Am. Dec. 501; Supervisors v. Birdsall,…
1Opinion of the Court
Glaspell, District Judge.
This cause was tried in the court below upon stipulated facts, which may be summarized as follows: The plaintiff is a resident freeholder and taxpayer of McHenry county, and, as such,-brings this suit to restrain further proceedings under *613a contract made by the coitnty commissioners of said county with defendant A. H. Jones, whereby he is authorized to collect'a certain judgment for $6,565, with interest from January 3, 1899, in favor of said county, and against the 'First National Bank of Minot and sixteen others, as sureties upon a bond- given to enable the bank to-…
2Cases cited7 opinions
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- Engstad v. DinnieNorth Dakota Supreme Court · 1898
- Storey v. MurphyNorth Dakota Supreme Court · 1899
- State ex rel. Diebold Safe & Lock Co. v. GetchellNorth Dakota Supreme Court · 1893
- Capital Bank v. School District No. 53North Dakota Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- County of Stark v. MischelNorth Dakota Supreme Court · 1916
- Murphy v. SwansonNorth Dakota Supreme Court · 1924
- Backhaus v. LeeNorth Dakota Supreme Court · 1923
- Northern Trust Co. v. First National BankNorth Dakota Supreme Court · 1915
- State v. SteppNorth Dakota Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.