Legal Opinion

Northern Commercial Co. v. Goldman

North Dakota Supreme Court

Decided July 24, 1917PublishedCited by 2 opinions

Appeal from order denying defendant’s motion to vacate judgment of tbe County Court of Cass County, A. G. Hansen■, Judge. Tbe assignment of tbe claim which entered into tbe judgment herein question was not made in good faith. It was an attempt to evadetbe adjudication in bankruptcy.

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Appeal from order denying defendant’s motion to vacate judgment of tbe County Court of Cass County, A. G. Hansen■, Judge. Tbe assignment of tbe claim which entered into tbe judgment herein question was not made in good faith. It was an attempt to evadetbe adjudication in bankruptcy. A provable claim in bankruptcy proceedings will not sustain a judgment thereafter entered upon it, by default, and tbe judgment on proper motion of defendant should be set aside or reopened to such meritorious defense. Williams v. Fair-mount School Dist. 21 N. D. 198, 129'N. W. 1027; Rosebud Lumber Co. v. Serr, 22…

1Opinion of the CourtGrace, J.

This is an appeal from the order of the judge of the county court of Cass county, North Dakota, denying defendant’s motion for vacating a judgment entered against him on the 8th day of July 1915, in favor of the Northern Commercial Company.

The facts as they appear from the pleadings and the affidavits are about as follows: On the 10th day of December, 1910, the defendant executed and delivered to Bruegger Mercantile Company his promissory note of that date, due on the 1st day of January, 1911, for $600.34, at 10 per cent'interest. On the 28th day of July, 1913, at Fargo, North Dakota, in the…

2Cases cited3 opinions

  1. Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
  2. Braseth v. County of BottineauNorth Dakota Supreme Court · 1904
  3. Cline v. DuffyNorth Dakota Supreme Court · 1910

3Cited by2 opinions

  1. De Walt v. HeerenNorth Dakota Supreme Court · 1924
  2. Fylling v. MorkNorth Dakota Supreme Court · 1920

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