Webster v. McLaren
North Dakota Supreme Court
Appeal from District Court, Cavalier county, Kneeshaw, J. Claim and delivery by Cady Webster against Colin McLaren. Judgment for defendant, and plaintiff appeals. Partial performance does not extinguish an obligation. Carpenter v. Chicago M. '& St. Ry.
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Appeal from District Court, Cavalier county, Kneeshaw, J. Claim and delivery by Cady Webster against Colin McLaren. Judgment for defendant, and plaintiff appeals. Partial performance does not extinguish an obligation. Carpenter v. Chicago M. '& St. Ry. Co., 7 S. D. 584, 64 N. W. 1120; Troy Mining Co. v. White, 74 N. W. 236;'Anderson v. First National Bank, 4 N. D. 182, 59 N. W. 1029; Attorney Gen’l. v. Supreme Council, A. L. IT., 81 N. E. 966; Eckert v. Wallace, 75 N. J. Law, 171, 67 Atl. 76; Melroy v. Kemmerer, 67 Atl. 699, 11 L. R. A. (N. S.) 1018, and note; Peachy v. Witter, 63 Pac. 468;…
1Opinion of the CourtMorgan, C. J.
Action in claim and delivery for property covered by a chattel mortgage. The jury found in favor of the defendant, and the plaintiff appeals from the judgment rendered on the verdict.
The errors specified in the settled statement of the case relate to the defense of accord and satisfaction, and whether such defense was properly pleaded in the answer and sustained by the evidence-The sufficiency of the answer was not attacked by demurrer, but by objections to the admission of any evidence in support of its allegations. Although the action had been pending for a long time, this defense was not…
2Cases cited6 opinions
- Creighton v. GregoryCalifornia Supreme Court · 1904
- Grinnell v. SpinkMassachusetts Supreme Judicial Court · 1879
- Rued v. CooperCalifornia Supreme Court · 1897
- Carpenter v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1895
- Prairie Grove Cheese Manufacturing Co. v. LuderWisconsin Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bumann v. MaurerNorth Dakota Supreme Court · 1972
- In Re MillerUnited States Bankruptcy Court, D. North Dakota · 1985
- Donahue Ex Rel. Donahue v. BoyntonNorth Dakota Supreme Court · 1932
- Paulson v. CountyNorth Dakota Supreme Court · 1912