Legal Opinion

First National Bank v. Buttery

North Dakota Supreme Court

Decided February 11, 1908PublishedCited by 15 opinions

Appeal from District Court, Grand Forks County; Fisk, J. Action by the First National Bank of Pomeroy against J. K. Buttery. Judgment for defendant, and plaintiff appeals. A note payable on a-date certain or before upon a contingency is negotiable. ■ Phelps v. Sargent-, 71 N. W. 927; Coda v. Buck, 7 Mete. 588; Walker v. Woolen, 54 Ind. 164; Charlton v. Reed, 16 N. W. 64; Eaton & Gilbreath, Gom. Paper, 220; 4 Am. & Eng. Enc.

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Appeal from District Court, Grand Forks County; Fisk, J. Action by the First National Bank of Pomeroy against J. K. Buttery. Judgment for defendant, and plaintiff appeals. A note payable on a-date certain or before upon a contingency is negotiable. ■ Phelps v. Sargent-, 71 N. W. 927; Coda v. Buck, 7 Mete. 588; Walker v. Woolen, 54 Ind. 164; Charlton v. Reed, 16 N. W. 64; Eaton & Gilbreath, Gom. Paper, 220; 4 Am. & Eng. Enc. Law, 93; 7 Cyc. 599; Stevens v. Blunt, 7 Mass. 240; Goodloe v. Taylor, 10 N. C. 458; Ernst v. Steckman, 15 Am. St. Rep. 542. Date of maturity is certain, and the rights of…

1Opinion of the CourtSpalding, J.

This is an action on a promissory note. The note was sued on by the indorsee for value before maturity, and the court found that there was a failure of consideration, ¿nd that the contract was not a negotiable note, and entered judgment for the dismissal of the action. Only one question requires consideration. If the instrument in question is a negotiable promissory note, the judgment should be reversed; otherwise, it should be affirmed.

The note was made in this state, and is payable at Sioux City, Iowa, and the clause which the trial court held rendered it non-negotiable reads: “The makers…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. National Bank of Commerce v. KenneyTexas Supreme Court · 1904
  2. City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
  3. Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
  4. Woodbury v. RobertsSupreme Court of Iowa · 1882
  5. Capron v. CapronSupreme Court of Vermont · 1872

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3Cited by15 opinions

  1. Finley v. SmithCourt of Appeals of Kentucky · 1915
  2. Navajo County Bank v. DolsonCalifornia Supreme Court · 1912
  3. McDonald v. MulkeyWyoming Supreme Court · 1926
  4. State Bank v. BilstadSupreme Court of Iowa · 1912
  5. Missouri-Lincoln Trust Co. v. LongSupreme Court of Oklahoma · 1911

10 more not listed; retrieve them via the Exa API.

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