First National Bank v. Red River Valley National Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; Lauder, J. Action by the First National Bank of Fargo against the^ Red River Valley National Bank of Fargo1. Judgment for plaintiff. Defendant appeals. It is contrary to the intention of the statute, § 5000, Rev. Codes, that the plaintiff should, by its own delay in the prosecution of its case, enhance its damages. Pickett v. Rugg, i N. D. 230/46 N. W. Rep. 446; First Nat.
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Appeal from District Court, Cass County; Lauder, J. Action by the First National Bank of Fargo against the^ Red River Valley National Bank of Fargo1. Judgment for plaintiff. Defendant appeals. It is contrary to the intention of the statute, § 5000, Rev. Codes, that the plaintiff should, by its own delay in the prosecution of its case, enhance its damages. Pickett v. Rugg, i N. D. 230/46 N. W. Rep. 446; First Nat. Bank v. Elevator Co., 8 N. D. 430, 69 N. W. Rep. 874; Page v. Fowler, 39 Cal. 412. The chattel mortgage so far as it attempts to secure notes of A. B. Thompson, made prior to the…
1Opinion of the CourtYoung, J.
Plaintiff prosecutes this action to recover the value of a quantity of grain, consisting of wheat, oats, barley, and flax, which it claims the defendant took into its possession and converted some time between the nth day of September, 1896, and the 25th day of February, 1897. The plaintiff bases its right to recover upon a certain chattel mortgage thereon executed b3r Cora A. Thompson, and dated on March 27, 1896. The plaintiff made a written demand on the defendant for the possession of said grain on February 25, 1897, and the same was refused, and on the same day this action was commenced…
2Cases cited5 opinions
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- Pickert v. RuggNorth Dakota Supreme Court · 1890
- Colby v. McDermontNorth Dakota Supreme Court · 1897
- Tetrault v. O'ConnorNorth Dakota Supreme Court · 1898
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1899
3Cited by13 opinions
- Schue v. JacobyNorth Dakota Supreme Court · 1968
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- State ex rel. Broadwater Farms Co. v. Broadwater Elevator Co.Montana Supreme Court · 1921
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
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