Farmers Bank v. Riedlinger
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Sberidan County, Honorable W. H. Winchester, J. _ . Tbe offer in evidence by tbe plaintiff, bolder of a negotiable promissory note, duly indorsed, where tbe indorsement is not in issue, made a prima facie case, tbe presumption being that plaintiff acquired same in due course, before maturity.
Read the full summary
Appeal from a judgment of tbe District Court of Sberidan County, Honorable W. H. Winchester, J. _ . Tbe offer in evidence by tbe plaintiff, bolder of a negotiable promissory note, duly indorsed, where tbe indorsement is not in issue, made a prima facie case, tbe presumption being that plaintiff acquired same in due course, before maturity. Rev. Codes 1905, § 6361; Kerr v. Anderson, 16 N. D. 36, 111 N. W. 614; Sbepard v. Hanson, 9 N. D. 249, 83 N. W. 20. It is immaterial whether tbe same was purchased outright or held as collateral. Second Nat. Bank v. Werner, 19 N. D. 485, 126 N. W. 100;…
1Opinion of the Court
Spalding, Ch. J.
This action was brought to recover upon a promissory note for $600, given by the respondent to one Carl Semmler, dated June 13, 1911, due and payable five months after date. The complaint is in the usual form, and alleges that on or about the 14th day of June, 1911, said Semmler indorsed said note, that the plaintiff is the owner by purchase in the usual course of business, in good faith and for value. The answer admits the execution and delivery of the note, but denies that plaintiff is a good-faith purchaser or for value, and alleges that it is now, and at all times has…
2Cases cited5 opinions
- Kerr v. AndersonNorth Dakota Supreme Court · 1907
- Seybold v. Grand Forks National BankNorth Dakota Supreme Court · 1896
- Shepard v. HansonNorth Dakota Supreme Court · 1900
- Bank of Baraboo v. LairdWisconsin Supreme Court · 1912
- Second National Bank v. WernerNorth Dakota Supreme Court · 1910
3Cited by5 opinions
- Flat Top National Bank v. ParsonsWest Virginia Supreme Court · 1922
- Embden State Bank v. SchulzeNorth Dakota Supreme Court · 1923
- Northern Savings Bank v. KellyNorth Dakota Supreme Court · 1915
- Thronson v. BloughNorth Dakota Supreme Court · 1917
- Williams v. BenekeNorth Dakota Supreme Court · 1915