First National Bank v. Messner
North Dakota Supreme Court
Appeal from District Court, Bottineau County, A. G. Burr, J. From a judgment in plaintiff’s favor and from an order denying defendant’s motion for a new trial, defendant appeals. Interest for any legal indebtedness shall be at tbe rate of 7 per cent, unless a different rate is specified in writing. Comp. Laws 1913, §§ 5888, 6072, subdiv. 5. In the absence of a written promise, tbe law fixes tbe rate of interest on all legal indebtedness.
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Appeal from District Court, Bottineau County, A. G. Burr, J. From a judgment in plaintiff’s favor and from an order denying defendant’s motion for a new trial, defendant appeals. Interest for any legal indebtedness shall be at tbe rate of 7 per cent, unless a different rate is specified in writing. Comp. Laws 1913, §§ 5888, 6072, subdiv. 5. In the absence of a written promise, tbe law fixes tbe rate of interest on all legal indebtedness. Lowe v. Jensen, 22 N. D. 148, 132 N. W. 661; 9 Cyc. 749, and cases there cited. At tbe time the lands were conveyed by tbe bank, it bad in its bands moneys…
1Opinion of the Court
Fisk, Ch. J.
This cause was tried to a jury and resulted in a verdict for plaintiff bank in the sum of $2,285.24. A motion for a new trial upon specifications of errors, including alleged insufficiency of the evidence, also newly discovered evidence, was denied, and the appeal is from both the order denying the motion and the judgment entered pursuant to the verdict.
Plaintiff bank sued to recover damages in the sum of $2,957.28 for the alleged wrongful and intentional breach of duty by defendants while executive officers of such bank in failing and omitting to collect interest claimed to be…
2Cases cited6 opinions
- Sprague, Warner & Co. v. BensonSupreme Court of Iowa · 1897
- Lowe v. JensenNorth Dakota Supreme Court · 1911
- Brockway v. HallerSupreme Court of Iowa · 1881
- Brown v. Cass County BankSupreme Court of Iowa · 1892
- First National Bank v. FennSupreme Court of Iowa · 1888
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