Legal Opinion

Gilman v. Township of Gilby

North Dakota Supreme Court

Decided November 2, 1899PublishedCited by 6 opinions

Appeal from District Court, Grand Forks County; Fisk, J. Action by F. A. Gilman against the Township of Gilby. Judgment for defendant, and plaintiff appeals. The Western Wheeled Scraper Company treated their transaction with Lytle & Martine as a sale and attached the order in suit by garnishment proceeding, as the property of their agents. This garnishment proceeding is entirely inconsistent with its present claim of title and ownership.

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Appeal from District Court, Grand Forks County; Fisk, J. Action by F. A. Gilman against the Township of Gilby. Judgment for defendant, and plaintiff appeals. The Western Wheeled Scraper Company treated their transaction with Lytle & Martine as a sale and attached the order in suit by garnishment proceeding, as the property of their agents. This garnishment proceeding is entirely inconsistent with its present claim of title and ownership. Moline Plow Co. v. Rodger's, 37 N. W. Rep. hi. The judgment roll in the case of the Western Wheeled Scraper Company against Lytle & Martine was admissible in…

1Opinion of the CourtYoung, J.

This is an action to recover upon a township warrant-issued by the defendant township in payment for two road machines purchased by it from the Western Wheeled Scraper Company through the latter’s agents. The warrant bears date June 26, 1893, is for $500, and is payable on its face to Lytle & Martine, who were then the company’s agents for the sale of scrapers in this state. The complaint alleges that the warrant in question was transferred for value, and by proper indorsements, first by the payees to William G. Martine, then by the latter to the plaintiff, and that it is unpaid. The defense…

2Cases cited10 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Miller v. HydeMassachusetts Supreme Judicial Court · 1894
  3. Goose River Bank v. Willow Lake School TownshipNorth Dakota Supreme Court · 1890
  4. McReady v. RogersNebraska Supreme Court · 1871
  5. Metropolitan Nat. Bank v. Benedict Co.Court of Appeals for the Eighth Circuit · 1896

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

3Cited by6 opinions

  1. Mevorah v. GoodmanNorth Dakota Supreme Court · 1954
  2. Peoples State Bank v. KellyIndiana Court of Appeals · 1922
  3. Petters & Co. v. Town of Rock RiverWyoming Supreme Court · 1927
  4. Hornblower v. City of PierreDistrict Court, D. South Dakota · 1916
  5. Mevorah v. GoodmanNorth Dakota Supreme Court · 1954

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

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