Legal Opinion

Sucker State Drill Co. v. Brock

North Dakota Supreme Court

Decided November 24, 1909PublishedCited by 2 opinions

Appeal from District Court, McHenry county; E. B. Goss, J. Action by the Sucker State Drill Company, against R. J. Brock and another, as individuals and as a partnership. Judgment for defendants, and plain-tiff appeals.

1Opinion of the CourtCarmody, J.

This is an action by plaintiff, a foreign corporation, against defendants on two promissory notes for the sums of $180 and $880, respectively, both dated October 27, 1902. Defendants set up in their answer, as a defense to the payment of said notes, a failure of consideration. On these issues the case was tried to a jury. At the close of defendants’ case the plaintiff moved the court to direct a verdict in favor for the amount claimed in the complaint, which motion was denied, and plaintiff introduced evidence in rebuttal. After both parties rested, plaintiff again moved the court to direct a…

2Cases cited10 opinions

  1. Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894
  2. Henry v. MaherNorth Dakota Supreme Court · 1897
  3. O'Brien v. MillerNorth Dakota Supreme Court · 1894
  4. Globe Investment Co. v. BoyumNorth Dakota Supreme Court · 1894
  5. Kephart v. Continental Casualty Co.North Dakota Supreme Court · 1908

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3Cited by2 opinions

  1. Shockman v. RuthruffNorth Dakota Supreme Court · 1914
  2. Frost v. HoellingerNorth Dakota Supreme Court · 1911

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