Hecker v. Commercial State Bank
North Dakota Supreme Court
Appeal from the District Court of Foster County, Coffey, J. Action by trustee in bankruptcy to recover money claimed to have been paid under an unlawful preference. Judgment for defendant. Plaintiff appeals. It is the law, and the courts of this jurisdiction have adopted it, that choses in action cannot be pledged orally, but such pledge must be by. a written instrument duly executed.
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Appeal from the District Court of Foster County, Coffey, J. Action by trustee in bankruptcy to recover money claimed to have been paid under an unlawful preference. Judgment for defendant. Plaintiff appeals. It is the law, and the courts of this jurisdiction have adopted it, that choses in action cannot be pledged orally, but such pledge must be by. a written instrument duly executed. Sykes v. Hannewalt, 5 N. D. 335, 65 N. W. 682; Wright v. Eoss, 36 Cal. 414; Brewster v. Hartley, 37 Cal. 15, 99 Am. Dec. 237; American Exch. Nat. Bank v. Federal Nat. Bank, 226 Pa. 483, 27 L.E.A.(N.S.) 666, 134…
1Opinion of the Court
Bruce, J.. This is an action brought by A. E. Hecker, the trustee in bankruptcy of Bose M. Geiger, bankrupt, to recover from the Commercial State Bank of Carrington, North Dakota, the proceeds of an insurance policy which was collected by the bank and applied to the payment of debts owing to it by the bankrupt. The case was tried to the court without a jury, and from a judgment in favor of the defendant and dismissing the action, the plaintiff appeals.
According to the findings of fact, which are in no way controverted by the appellant, on or about the 21st of September, 1911, and continuously…
2Cases cited10 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Runyan v. MersereauNew York Supreme Court · 1814
- In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
- Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
- Howe & Co. v. JonesSupreme Court of Iowa · 1881
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3Cited by4 opinions
- Willow City Farmers Elevator v. Vogel, Vogel, Brantner & KellyNorth Dakota Supreme Court · 1978
- Bergeron v. FontaineSupreme Court of New Hampshire · 1969
- Implement Dealers Mutual Fire Insurance v. MyronNorth Dakota Supreme Court · 1932
- Willow City Farmers Elevator v. Vogel, Vogel, Brantner & KellyNorth Dakota Supreme Court · 1978