Strobeck v. Blackmore
North Dakota Supreme Court
Appeal from District Court of Dickey County, Honorable Franh P. Allen, Judge. A certified check is not a payment even though the amount is sufficient to cover the obligation; and, assuming the bank had authority to collect the obligation, it could receive nothing but cash without special authority. It does not discharge the debt, nor does it constitute a tender. Schafer v. Olson, 24 N. D. 542, 43 L.R.A.(N.S.) 762, 139 N. W. 983, Ann. Cas. 1915C, 653; First Nat.
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Appeal from District Court of Dickey County, Honorable Franh P. Allen, Judge. A certified check is not a payment even though the amount is sufficient to cover the obligation; and, assuming the bank had authority to collect the obligation, it could receive nothing but cash without special authority. It does not discharge the debt, nor does it constitute a tender. Schafer v. Olson, 24 N. D. 542, 43 L.R.A.(N.S.) 762, 139 N. W. 983, Ann. Cas. 1915C, 653; First Nat. Bank v. Prior, 10 N. D. 146, 86 N. W. 362; National Bank v. Johnson, 6 N. D. 180, 69 N. W. 49; 7 O. J. 614, 615; 2 C. J. 627; Griffin…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment of the district court of Dickey county, quieting title in the plaintiff to certain lands *597described in the complaint, and adjudging that certain mortgages held by the defendant and appellant have been fully paid and satisfied. The action is one to quiet title, and the complaint is in the statutory form. The defendant, Blackmore, interposed an answer setting up certain notes and mortgages as liens upon the land which he contends are unpaid. The sole question presented upon this appeal is whether or not the mortgages of defendant and appellant have been…
2Cited by3 opinions
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