Crisp v. State Bank
North Dakota Supreme Court
Appeal from the District Court of Rolette County, Buttz, J. Action of trover for the conversion of a check. Judgment for plaintiff. Defendant appeals.
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Appeal from the District Court of Rolette County, Buttz, J. Action of trover for the conversion of a check. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action for the conversion by the defendant of a certain bank check which was drawn on the Stockman’s National Bank of Montana, the complaint alleging that “on or about tbe 2d day of April, 1905, the plaintiff was the owner and lawfully entitled to the possession 'thereof,’ and that thereafter and on or about the 2d day of May, the defendant wrongfully and unlawfully obtained possession thereof and…
1DissentChristianson, J.
It is with reluctance that I dissent, as I know that the majority members regret as much as I do the necessity (as they see it) of ordering a new trial of this action. But the conclusion reached by them in so doing is, in my judgment, so unfortunate and so erroneous that I cannot conscientiously assent thereto.
In order to properly present my views, it is necessary to refer 'to, and quote from, the record regarding the admission of the letter, plaintiff’s exhibit “3.” The plaintiff testified that the first knowledge she had of the fact that the defendant bank had received and cashed the check…
2Cases cited26 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Waldron v. WaldronSupreme Court of the United States · 1895
- Specht v. HowardSupreme Court of the United States · 1873
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