Bowman v. Eppinger
North Dakota Supreme Court
PPFAL from district court, Stutsman county; Hon. Roderick Rose, Judge. . This was an action for money loaned. It appeared from the evidence that one Newhauser procured the loan, and the contention of plaintiff was that he procured it as agent for defendant. The defendant contended that Newhauser had no authority as agent to borrow money.
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PPFAL from district court, Stutsman county; Hon. Roderick Rose, Judge. . This was an action for money loaned. It appeared from the evidence that one Newhauser procured the loan, and the contention of plaintiff was that he procured it as agent for defendant. The defendant contended that Newhauser had no authority as agent to borrow money. S. L. Glaspell, Esq., for the appellant, argued that the evidence failed to show that plaintiff was administratrix; citing Wittman v. "Watry, 37 "Wis. 238; that Newhauser, as general manager of defendant’s business, had no implied authority to borrow money,…
1Opinion of the CourtBartholomew, J.
Plaintiff sued as administratrix and alleged — First, her representative capacity; second, “that on the 9th day of December, 1887, she loaned the defendant, for his accommodation, through his agent, Ferdinand Newhauser, and *23at the request of the defendant, and without any time being agreed upon for payment,” a certain sum of money; third, demand of payment, and refusal. Thfe answer puts in issue every allegation of the complaint.
After the jury had been sworn, and when the first witness was produced, the defendant objected “to the introduction of any evidence under the complaint in this…
2Cases cited7 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Bradley v. PooleMassachusetts Supreme Judicial Court · 1867
- Thoreson v. Minneapolis Harvester WorksSupreme Court of Minnesota · 1882
- Star Wagon Co. v. MatthiessenSupreme Court Of The Territory Of Dakota · 1882
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3Cited by20 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Madson v. RuttenNorth Dakota Supreme Court · 1907
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