Flagg v. School District, No. 70
North Dakota Supreme Court
Appeal from District Court, Barnes County; Rose, J. Action by Samuel D. Flagg against School District, No. 70, Barnes county, to recover interest on bonds. Plaintiff had judgment, and defendant appeals. The stipulation for payment of exchange renders the bonds non-negotiable. § § 4456, 4462, Comp. Laws; Bank v. Bynum, 84 N. C. 24; Saxton v. Stevenson, 23 N. P. Can. 503; Nughitt v. John-so?i, 28 Fed. Rep. 865; Wi?idso?i Savings Ba?ik v. McMahon, 38 Fed.
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Appeal from District Court, Barnes County; Rose, J. Action by Samuel D. Flagg against School District, No. 70, Barnes county, to recover interest on bonds. Plaintiff had judgment, and defendant appeals. The stipulation for payment of exchange renders the bonds non-negotiable. § § 4456, 4462, Comp. Laws; Bank v. Bynum, 84 N. C. 24; Saxton v. Stevenson, 23 N. P. Can. 503; Nughitt v. John-so?i, 28 Fed. Rep. 865; Wi?idso?i Savings Ba?ik v. McMahon, 38 Fed. Rep. 283; Read v. McNalty, 78 Am. Dec. 467; Carroll Co. Savings Bank v. Strother, 6 S. E. Rep. 313; Lowe v. N/Ar, 24 111. 168. The purchaser…
1Opinion of the CourtCorliss, J.
Judgment has been recovered and entered in favor of the plaintiff and against the defendant upon interest coupons of certain bonds issued by defendant. The appeal is from such judgment. The court below directed a verdict for the plaintiff, and it was upon this verdict that the judgment was entered.
Among other errors assigned is one based upon- the refusal of the trial court to allow the defendant to prove that the bonds in question were issued without consideration. It cannot be doubted that a want of consideration would have constituted a perfect defense to the bonds in the hands of…
2Cases cited51 opinions
- Montclair v. RamsdellSupreme Court of the United States · 1883
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Dixon County v. FieldSupreme Court of the United States · 1884
- Carroll County v. SmithSupreme Court of the United States · 1884
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
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3Cited by14 opinions
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- Nicely v. Commercial BankIndiana Court of Appeals · 1896
- Iowa State Savings Bank v. City National BankSupreme Court of Iowa · 1918
- Stutsman v. ArthurNorth Dakota Supreme Court · 1944
- Jones v. Brightwood Independent School District, No. 1North Dakota Supreme Court · 1933
9 more not listed; retrieve them via the Exa API.