Kerr v. Anderson
North Dakota Supreme Court
Appeal from District Court, McLean county; Winchester, J. Action by O. W. Kerr against J. M. Anderson. Judgment for defendant, and .plaintiff appeals. Where a note is admitted in evidence without objection, proof of its execution is not necessary. Park v. Robinson, 91 N. W. 344; Caledonia Gold Mining Co. v. Newman, 14 N. W. 426; Pitts Agricultural Works v. Young, 62 N. W. 432; Morris v. Henderson, 37 Miss. 492; Price v. Scott, 13 Wash. 574, 43 Pac. 634; Drew v. Drum, 44 Mo.
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Appeal from District Court, McLean county; Winchester, J. Action by O. W. Kerr against J. M. Anderson. Judgment for defendant, and .plaintiff appeals. Where a note is admitted in evidence without objection, proof of its execution is not necessary. Park v. Robinson, 91 N. W. 344; Caledonia Gold Mining Co. v. Newman, 14 N. W. 426; Pitts Agricultural Works v. Young, 62 N. W. 432; Morris v. Henderson, 37 Miss. 492; Price v. Scott, 13 Wash. 574, 43 Pac. 634; Drew v. Drum, 44 Mo. App. 25; Parrott v. Shearer, 17 Mich. 448. It is error to refuse to direct a verdict for a party when upon the evidence…
1Opinion of the CourtMorgan, C. J.
Action upon a promissory note by the plaintiff, as indorsee, against the defendant, as maker thereof. The complaint alleges the execution and delivery and non-payment of the note at maturity, and that the same was duly indorsed to the plaintiff before maturity for a valuable consideration in due course of business. The answer is a general denial. A jury was impaneled. Plaintiff established the due indorsement of the note by the payee> and offered the note in evidence, which was received without objction, and thereupon rested. Defendant rested without offering any evidence. Plaintiff moved the…
2Cases cited6 opinions
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Richmire v. Andrews & Gale Elevator Co.North Dakota Supreme Court · 1903
- Aetna Indemnity Co. v. SchroederNorth Dakota Supreme Court · 1903
- Shepard v. HansonNorth Dakota Supreme Court · 1900
- Shepard v. HansonNorth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- American National Bank v. LundyNorth Dakota Supreme Court · 1910
- State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.North Dakota Supreme Court · 1908
- Sheffield v. Stone, Ordean, Wells Co.North Dakota Supreme Court · 1922
- Larson v. AlbersNorth Dakota Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.