Bowen v. Durant
North Dakota Supreme Court
Appeal from District Court, Ramsey County; Franh Fish, Special J. Appeal from an order denying a motion for a new trial.
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Appeal from District Court, Ramsey County; Franh Fish, Special J. Appeal from an order denying a motion for a new trial. Payment is a matter of defense, and must be pleaded and proved, Cochran v. Reich, 91 Iiun, 440, 36 N. Y. Supp. 233; 30 Cyc. 1264-1272; Dry Dock E. B. & B. R, Co. v. North & East River R. Co. 3 Mise. 61, 22 N. Y. Supp. 556; Crawford v. Tyng, 10 Mise. 143, 30 N. Y. Supp. 907; Hummel v. Moore, 25 Eed. 380; Baldwin v. Clock, 68 Mich. 201, 35 N. W. 904; Bannister v. Wallace, 14 Tex. Civ, App. 452, 37 S. W. 250; Pierce v. Hower, 142 Ind. 626, 42 N. E. 223; Barker v. Wheeler, 62…
1Opinion of the CourtFisk, J.
Action to recover a balance claimed to be due plaintiff *13from defendant as the purchase price of certain personal property sold and delivered by plaintiff to defendant in September, 1910. Defendant prevailed in the district court, a verdict having been directed in his favor. From an order denying plaintiff’s motion for a new trial, he appeals.
The assignments of error challenge the rulings of the trial court in sustaining defendant’s objection to plaintiff’s offer to read in evidence a certain portion of a deposition, and in directing a verdict as aforesaid. Also in denying the plaintiff’s…
2Cases cited3 opinions
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Central Coal & Coke Co. v. PennyCourt of Appeals for the Eighth Circuit · 1909
- Gussner v. HawksNorth Dakota Supreme Court · 1904
3Cited by2 opinions
- Bressan v. HerrickIdaho Supreme Court · 1922
- Moore v. Utah Idaho Cent. R. Co.Utah Supreme Court · 1918