American Button Hole & O. S. S. M. Co. v. Moore
Supreme Court Of The Territory Of Dakota
Appeal from the District Gowrt of CHay Cownty. PlaiNtiff appeals from the order sustaining the demurrer of defendants Snyder and Burdick, and the judgment for costs. Discarding the printed abstracts as being in some respects, inexact and misleading, a true statement of the case can only be reached by reference to the original transcript.
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Appeal from the District Gowrt of CHay Cownty. PlaiNtiff appeals from the order sustaining the demurrer of defendants Snyder and Burdick, and the judgment for costs. Discarding the printed abstracts as being in some respects, inexact and misleading, a true statement of the case can only be reached by reference to the original transcript. The complaint alleges that the plaintiff is a corporation chartered by the Legislature of the State of Pennsylvania, and doing business under the name and style of “ The American Button Hole, Overseaming and Sewing Machine Company.” 2. That on or about the…
1Opinion of the CourtShannon, C. J.
It is to be observed that as against the two defendants, Snyder and Burdick, the action is solely upon their bond, and we cannot agree with their counsel that the complaint shows the bond was executed within the Territory. We cannot presume it was executed and delivered at Vermillion, for the instrument does not so state, nor does the complaint. Whether this is material or not,'it is best to be accurate. As to these defendants, the notes are referred to in the complaint, as showing a breach of the conditions of the bond, together with the measure of damages, or as admissions of just…
2Cases cited3 opinions
- Harris v. RunnelsSupreme Court of the United States · 1851
- Pangborn v. WestlakeSupreme Court of Iowa · 1873
- Smith v. SheeleySupreme Court of the United States · 1871
3Cited by11 opinions
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
- Wright v. LeeSouth Dakota Supreme Court · 1893
- S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
- Northern Assurance Co. of England v. BorgeltNebraska Supreme Court · 1903
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