First National Bank v. Roberts
North Dakota Supreme Court
PPJEAL from district court, Cass county; Hon. William B. McConnell', Judge. Action by the First National Bank, of Fargo, against Matilda M. Boberts and others on a promissory note. Judgment for defendants. Plaintiff appeals.
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PPJEAL from district court, Cass county; Hon. William B. McConnell', Judge. Action by the First National Bank, of Fargo, against Matilda M. Boberts and others on a promissory note. Judgment for defendants. Plaintiff appeals. The answer of the defendant Boberts was frivolous and judgment should have been rendered against her on application.' San Francisco Gas Co. v. San Francisco, 9 Cal. 453; Humphrey v. McCall, 9 Cal. 59; Brown v. Scott, 25 Cal. 190; Wing v. Dugan, 8 Bush 583; Shearman v. Mills, 1 Ab. Pr. 187; Bliss on Code Pleading, § 326. The pleader must allege positively that which is…
1Opinion of the Court
*198The opinion, of the court was delivered by
Corliss, C. <J.
The defendants having obtained judgment below, the plaintiff appeals. The note sued upon was executed by defendant Eoberts, and the payment thereof was guaranteed by defendants Hanson & Osgood. It was the' last renewal of a note given by defendant Eoberts to Hanson & Osgood for wheat sold by them to her. They desiring to turn the original note into cash had it discounted by the plaintiff, they guaranteeing the payment of it. All of the renewal notes were likewise guaranteed by them. One of the defenses was payment. It appears that in'…
2Cases cited1 opinion
- Flarsheim v. BrestrupSupreme Court of Minnesota · 1890
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