Legal Opinion

Hogen v. Klabo

North Dakota Supreme Court

Decided August 2, 1904PublishedCited by 10 opinions

. Appeal from District Court, Steele county; Pollock, J. Action by J. J. Hogen against Tosten T. Klabo. Judgment for defendant, and plaintiff appeals. Indebtedness of stranger not material. 7 Am. & Eng. Enc. Law (2d Ed.) 78. Self-serving statements are inadmissable. Boston & A. R. Co. v. O’Reilly, 158 U. S. 334, 15 Sup. Ct.

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. Appeal from District Court, Steele county; Pollock, J. Action by J. J. Hogen against Tosten T. Klabo. Judgment for defendant, and plaintiff appeals. Indebtedness of stranger not material. 7 Am. & Eng. Enc. Law (2d Ed.) 78. Self-serving statements are inadmissable. Boston & A. R. Co. v. O’Reilly, 158 U. S. 334, 15 Sup. Ct. Rep. 830; Smith v. Tosini et ux. 48 N. W. 299; Reagan et al. v. McKibben, 76 N. W. 943; Cain v. Cain, 21 Atl. 309; Smith v. Eyre, 28 Atl. 1005; Pinney v. Jones, 30 Atl. 762; Osmun v. Winters, 35 Pac. 250; 9 Am. & Eng. Enc. Law, (2d Ed.) 5. The case is not within the rule…

1Opinion of the Court

Cochrane J.

Plaintiff sued to recover a 'balance which he claimed to be due him for threshing defendant’s crops in 1901. In his complaint plaintiff alleged that he made a contract with and was employed by defendant to thresh defendant’s crops for 1901; that he threshed the crops pursuant to the contract; and that there was a balance due him and unpaid upon said contract of $365.37, for which he asks judgment. The answer is a general denial. A verdict was returned for defendant. A motion for new trial was denied, and this appeal is from the order denying a new trial.

There is some conflict in…

2Cases cited29 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Weaver v. . BardenNew York Court of Appeals · 1872
  3. Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
  4. Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
  5. Kolka v. JonesNorth Dakota Supreme Court · 1897

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3Cited by10 opinions

  1. Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
  2. Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
  3. Getchell v. Mercantile & Manufacturer's Mutual Fire InsuranceSupreme Judicial Court of Maine · 1912
  4. Crosby v. SandeNorth Dakota Supreme Court · 1970
  5. Vallancey v. HuntNorth Dakota Supreme Court · 1910

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