Olsgard v. Lemke
North Dakota Supreme Court
Appeal from the District Court of Towner County, O. W. Buliz, J. From a judgment and order in defendants’ favor, plaintiff appeals. Forgery of an instrument like the note in question takes place whenever any person, with intent to defraud, falsely makes, alters, forges, or counterfeits any instrument in writing, purporting to be the act of another, by which any pecuniary demand or obligation is or purports to be created. Criminal intent must be shown. Comp.
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Appeal from the District Court of Towner County, O. W. Buliz, J. From a judgment and order in defendants’ favor, plaintiff appeals. Forgery of an instrument like the note in question takes place whenever any person, with intent to defraud, falsely makes, alters, forges, or counterfeits any instrument in writing, purporting to be the act of another, by which any pecuniary demand or obligation is or purports to be created. Criminal intent must be shown. Comp. Laws 1913, § 9898; Eaton & G-. Com. Paper, § 129. The liability of the person who claims his name was forged on the instrument may arise…
1Opinion of the Court
Fisic, Ch. J.
This is an appeal from an order denying plaintiff’s *554motion for judgment non obstante veredicto or for a new trial, and also from the judgment of dismissal. Plaintiff seeks to hold defendant B. W. Lemke liable on a certain $2,700 note, upon the theory that, while conceding and alleging that about the date of its maturity his name was affixed thereto by another without authority, he fully ratified the unauthorized act and has estopped himself from denying liability. In support of the alleged ratification, plaintiff relies upon a certain-letter written on November 22, 1909, by said…
2Cases cited7 opinions
- Puget Sound Lumber Co. v. KrugCalifornia Supreme Court · 1891
- McArthur v. Times Printing Co.Supreme Court of Minnesota · 1892
- Capps v. HensleySupreme Court of Oklahoma · 1909
- Henry v. HeebIndiana Supreme Court · 1888
- Mitchell v. Minnesota Fire Ass'nSupreme Court of Minnesota · 1892
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3Cited by10 opinions
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- Scott v. First National BankSupreme Court of Missouri · 1938
- Citizens' Union National Bank v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1932
- Strader v. HaleySupreme Court of Minnesota · 1943
- Fargo National Bank, a Corporation v. Massey-Ferguson, Inc.Court of Appeals for the Eighth Circuit · 1968
5 more not listed; retrieve them via the Exa API.