American Soda Fountain Co. v. Hogue
North Dakota Supreme Court
Appeal from District Court, Kidder County; Winchester, J. Action by the American Soda Fountain Company against George M. Hogue. Judgment for defendant and plaintiff appeals. One entitled to the avails of a suit is the real .party in interest.
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Appeal from District Court, Kidder County; Winchester, J. Action by the American Soda Fountain Company against George M. Hogue. Judgment for defendant and plaintiff appeals. One entitled to the avails of a suit is the real .party in interest. Cassidy v. First National Bank, 14 N. W. 363; Pease v. Rush, 2 Minn. 107; Foster v. Berky, 8 Minn. 351; White v. Phelps, 14 Minn. 27; Hoagland v. Van Etten, 35 N. W. 869 ; Kinsella v. Sharp, 66 N. W. 634; Hogan v. Klabo, 13 N. D. 319, 100 N. W. 847. That plaintiff is not party in interest must be taken by answer. Spooner v. Delaware, 21 N. E. 696; Smith…
1Opinion of the CourtMorgan, C. J.
This is an action in claim and delivery under which the possession of a soda fountain and attachments is claimed. The plaintiff claims in its complaint to be the owner thereof. The fountain and fixtures were sold to the defendant -by one Putnam, who was the agent of the plaintiff. The written contract or order for the property was in the name of one Tufts, and each of the 33 notes was given to said Tufts as payee, and the name of the plaintiff is not given or mentioned in any of the papers as originally executed. The defendant gave said Tufts 33 promissory notes on the sale, and they and the…
2Cases cited6 opinions
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- Moore v. PettyCourt of Appeals for the Eighth Circuit · 1905
- Stewart v. PriceSupreme Court of Kansas · 1902
- Cassidy v. First National Bank of FaribaultSupreme Court of Minnesota · 1882
- Kinsella v. SharpNebraska Supreme Court · 1896
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3Cited by6 opinions
- Froling v. FarrarNorth Dakota Supreme Court · 1950
- Northern California Power Co. v. WallerCalifornia Supreme Court · 1917
- Johnson v. ClarkNorth Dakota Supreme Court · 1949
- Van Sickle v. McArthurNorth Dakota Supreme Court · 1961
- Columbia Hotel Co. v. RosenbergOregon Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.