First Nat. Bank v. North
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Lincoln county; Hon. C. S. Palmer, Judge. In permitting the statements of Mr. Gale, made after the execution of the mortgage, to go to the jury, the court erred. No subsequent act or statement of an agent of the plaintiff was admissible to show what the intention of the parties was when the mortgage was executed. Goetz v. Bank, 119 U. S. 551, 7 Sup. Ct.
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APPEAL from the district court, Lincoln county; Hon. C. S. Palmer, Judge. In permitting the statements of Mr. Gale, made after the execution of the mortgage, to go to the jury, the court erred. No subsequent act or statement of an agent of the plaintiff was admissible to show what the intention of the parties was when the mortgage was executed. Goetz v. Bank, 119 U. S. 551, 7 Sup. Ct. Bep. 318; Packet Co. v. Clough, 20 Wall. 528; Insurance Co. v. Mahone, 21 Wall. 152-157; First Nat. Bank v. Ocean Nat. Bank, 60 N. Y. 278; Franklin Bank v. Stewart, 37 Me. 519; Baldwin v. Doubleday, 8 Atl. Bep.…
1Opinion of the Court
By the Court :
It is ordered and adjudged that the taxation of the costs in the above action by the clerk be and the same is hereby modified, and the items of $7 and $40.90 are hereby allowed in favor of the appellant in addition to the amount allowed by the clerk.
2Cited by9 opinions
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Gillespie v. First National Bank of KingfisherSupreme Court of Oklahoma · 1908
- La Rue v. St. Anthony & D. Elevator Co.South Dakota Supreme Court · 1893
- Short v. Northern Pacific Elevator Co.North Dakota Supreme Court · 1890
- Swallow v. First State BankNorth Dakota Supreme Court · 1916
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