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…
1ConcurrenceGoss, J.
Concur in ‘affirmance. But that conclusion is reached under a somewhat different course of reasoning than that adopted by Justice Bruce. The complaint asks a recovery for money paid either under mutual mistake of fact or fraud induced by the defendant. There is no sufficient proof of fraud, so that alternative is eliminated. The answer is, in effect, a general denial as to the payment having been made under mutual mistake of fact or fraud. And coupled therewith, “as a further defense to plaintiff’s complaint,” facts establishing a liability of plaintiff to defendant under a breach of contract…
2Cases cited10 opinions
- Adams v. . ReevesSupreme Court of North Carolina · 1873
- Simms v. . VickSupreme Court of North Carolina · 1909
- Board of Commissioners of MacOn County v. Board of Commissioners of Jackson CountySupreme Court of North Carolina · 1876
- Lyle v. . SilerSupreme Court of North Carolina · 1889
- James River National Bank v. WeberNorth Dakota Supreme Court · 1910
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