Legal Opinion

Holden v. Chamberlin

North Dakota Supreme Court

Decided October 14, 1920PublishedCited by 2 opinions

Appeal from a judgment of the District Court of Ramsey County, C. W. Buttz, J. The court erred in granting defendant’s motion for a directed verdict. Torrey v. Krauss, 149 Ala. 200, 43 So. 184, 146 Ala. - 548, 40 So. 956; 'Elder v. Galbraith, 12 Bush, 71; Bradner v. Stem, 225 111. 430, 80 N. E. 307; International Harv. Co. v. Lyman, 90 Minn. 275, 96 N. W. 87; Smith v. Stensfield, 84 Minn. 343. A debt discharged is not a debt paid.

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Appeal from a judgment of the District Court of Ramsey County, C. W. Buttz, J. The court erred in granting defendant’s motion for a directed verdict. Torrey v. Krauss, 149 Ala. 200, 43 So. 184, 146 Ala. - 548, 40 So. 956; 'Elder v. Galbraith, 12 Bush, 71; Bradner v. Stem, 225 111. 430, 80 N. E. 307; International Harv. Co. v. Lyman, 90 Minn. 275, 96 N. W. 87; Smith v. Stensfield, 84 Minn. 343. A debt discharged is not a debt paid. The moral obligation remains, and is a sufficient consideration for a new promise to pay. Collier, Bankr. 11th ed. p. 499. In order to constitute a new promise…

1Opinion of the CourtGrace, J.

This appeal is one from a judgment entered upon a directed verdict.

The material and controlling facts are as follows:

During the years 1904 to 1913 or 1914, defendant was engaged in general merchandising, at Doyon, Eamsey county, North Dakota. He had been acquainted with the plaintiff for twenty-seven years.

In the month of June, 1913, the defendant applied to the plaintiff for a loan of $1,000. The plaintiff made the loan, and, as evidence thereof, the defendant executed and delivered to the plaintiff his promissory note for $1,000, dated July 3, 1913, due January 1, 1914, with interest before…

2Cases cited1 opinion

  1. International Harvester Co. of America v. LymanSupreme Court of Minnesota · 1903

3Cited by2 opinions

  1. De Walt v. HeerenNorth Dakota Supreme Court · 1924
  2. Dilworth v. MooreCourt of Appeals of Texas · 1943

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