Second National Bank v. Spottswood
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. .Action by the Second National Bank of Winona, Minn., against James Spottswood and others. Judgment for defendants. Plaintiff appeals. Where the maker of a note pays same to original payee after transfer thereof to a third party supposing the payee is still the owner of the nóte he cannot be relieved on the ground that there was an ostensible agency in the payee to act for the transferee of the note.
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Appeal from District Court, Walsh County; Sauter, J. .Action by the Second National Bank of Winona, Minn., against James Spottswood and others. Judgment for defendants. Plaintiff appeals. Where the maker of a note pays same to original payee after transfer thereof to a third party supposing the payee is still the owner of the nóte he cannot be relieved on the ground that there was an ostensible agency in the payee to act for the transferee of the note. Murphy v. Beard, 38 N. E. Rep. (Mass.) 32; Hollingshead v. Stuart, 8 N. D. 40; Stolzman v. Wyman, 8 N. D. 108. As a general rule possession of…
1Opinion of the CourtYoung, J.
Action on a promissory note. The defense interposed is payment. The case was tried in the District Court without a jury." Judgment was ordered and entered for the defendants. Plaintiff appeals from the judgment, and requests a review of the entire case in this Court.
The question of payment is the only fact involved. This will be made plain as we proceed with a statement of the facts. On December 13, 1895, the defendants James Spottswood and Sarah Ann Spottswood, his wife, residents of Cavalier, in this state, executed and delivered their joint negotiable promissory note, dated on that day,…
2Cases cited4 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Stolzman v. WymanNorth Dakota Supreme Court · 1898
- Coleman & Co. v. JenkinsSupreme Court of Georgia · 1887
- Second National Bank v. SpottswoodNorth Dakota Supreme Court · 1901
3Cited by1 opinion
- Union Bank & Trust Co. v. LynnMontana Supreme Court · 1925