Knapp v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Ward County, Honorable K. E. Leighton, Judge. “In order for the first judgment to be binding the issues must be the same in both cases.” Noyes v. Belding (S. D.) 62 N. W. 953; Fahey v. Esterly Mach. Co. 3 N. D. 223. “A bill of lading is an instrument of a twofold character. It is at once a receipt and a contract. In the former character it is an acknowledgment of the receipt of property on board his vessel by the owner of the vessel.
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Appeal from the District Court of Ward County, Honorable K. E. Leighton, Judge. “In order for the first judgment to be binding the issues must be the same in both cases.” Noyes v. Belding (S. D.) 62 N. W. 953; Fahey v. Esterly Mach. Co. 3 N. D. 223. “A bill of lading is an instrument of a twofold character. It is at once a receipt and a contract. In the former character it is an acknowledgment of the receipt of property on board his vessel by the owner of the vessel. In the latter it is a contract to carry and deliver. The receipt of the goods lies at the foundation of the contract to carry…
1Opinion of the CourtRobinson, J.
On October 17, 1916, this action was commenced in Ward county to recover from defendant $960 for the loss of 1,000 bushels of wheat in August, 1910. Aside from a general denial, the answer avers that the cause of action did not accrue within six years, and that in a former action, in the district court of Burke county, between the same parties for the same identical cause of action, after trial on the merits, it was by the court duly adjudged that the action be dismissed on its merits. In this case the court sustained the plea of a former adjudication and dismissed the action. The case was…
2Cases cited1 opinion
- Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.North Dakota Supreme Court · 1916
3Cited by3 opinions
- Zent v. ZentNorth Dakota Supreme Court · 1979
- Nygord v. DietzNorth Dakota Supreme Court · 1983
- Golly v. Northland Elevator Co.North Dakota Supreme Court · 1926