Legal Opinion

Minneapolis Brewing Company v. Merritt

District Court, D. North Dakota

Decided July 2, 1956No. Civ. 2980PublishedCited by 13 opinions

1Opinion of the Court

RONALD N. DAVIES, District Judge.

In this action plaintiff seeks to recover $8,899.52 from E. B. Merritt, Inc., of Williston, North Dakota, for goods sold and delivered from December 31, 1951, to February 27, 1953, and to recover $5,000 from E. B. Merritt personally on a continuing guaranty made January 28,1948, to secure credit for E. B. Merritt, Inc., of Garrison, North Dakota.

Through the negligence of the attorney for both defendants, default occurred and judgment was entered July 28, 1954. On July 20, 1955, the defendants filed a Motion to Vacate Judgment on the ground of excusable neglect…

2Cases cited25 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Maryland Casualty Co. v. PriceCourt of Appeals for the Fourth Circuit · 1916
  3. Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
  4. Tvedt v. HaugenNorth Dakota Supreme Court · 1940
  5. Peterson v. Miller Rubber Co. of New YorkCourt of Appeals for the Eighth Circuit · 1928

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3Cited by13 opinions

  1. Green v. KarolIndiana Court of Appeals · 1976
  2. Howard v. Ward CountyDistrict Court, D. North Dakota · 1976
  3. Bavouset v. Shaw's of San FranciscoDistrict Court, S.D. Texas · 1967
  4. United States v. Reading CompanyCourt of Appeals for the Third Circuit · 1961
  5. Christian Lee Gander and Melissa Renee Gander v. Harold Ray Gander v. Anthony Livoti, Jr., P.A., and Laird McMahenCourt of Appeals for the Eighth Circuit · 2001

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