First National Bank v. Laughlin
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by the First National Bank of Decorah against A. H. Laughlin and others on a promissory note. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Ransom County; Lauder, J. Action by the First National Bank of Decorah against A. H. Laughlin and others on a promissory note. Judgment for defendants, and plaintiff appeals. The alteration to effect the validity of the note, or the obligation of the defendants under it, must be material. 2 Parsons on Contracts, 716, 724; Parsons on Notes and Bills, 564; Jones on Const, of Contracts, 263-4; Harrington v. Crane, 5 Cal. 173; Turner v. Billingham, 2 Cal. 520; Brown v. Pinkham, 18 Pick. 172; Burlingame v. Brewster, 22 Am. Rep. 177; Hayes v. Mathews, 30 Am. Rep. 226.…
1ConcurrenceBartholomew, C. J.
(concurring.) I concur in the opinion prepared by Judge Wallin. I think the facts of this case distinguish it by material differences from Fraker v. Little, 24 Kan. 598, and Garland v. Bank, 9 Mass. 408, and Talbot v. Bank, 129 Mass. 67. Fraker v. Little presents a case of a material alteration of a promissory note. The note was given by plaintiff to a bank of which Little was subsequently the receiver. In ignorance of the alteration, plaintiff paid the note, and afterwards, on learning the fact, brought an action to recover the money paid, and was *408successful. The learned jurist who wrote…
2Cases cited4 opinions
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Talbot v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1880
- Fraker v. LittleSupreme Court of Kansas · 1880