Legal Opinion

Fargo Mercantile Co. v. Johnson

North Dakota Supreme Court

Decided March 4, 1921PublishedCited by 3 opinions

Action in District Court of Cass County, Englert, J., on a contract of guaranty. From a judgment in favor of the plaintiff the defendants have appealed. Plaintiff’s exhibit “A,” should not have been admitted over the objections of the defendants, for the following reasons: That they are not the plaintiff’s original entries of the first permanent records of the transaction. Jones, Ev. 1913 ed. § 569, p. 706; N. D. Comp.

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Action in District Court of Cass County, Englert, J., on a contract of guaranty. From a judgment in favor of the plaintiff the defendants have appealed. Plaintiff’s exhibit “A,” should not have been admitted over the objections of the defendants, for the following reasons: That they are not the plaintiff’s original entries of the first permanent records of the transaction. Jones, Ev. 1913 ed. § 569, p. 706; N. D. Comp. Laws 1913, §§ 7900, 7909. A person’s books of account cannot be used as evidence upon issues between third persons; that entries in such books as to such third persons are res…

1Opinion of the Court

Bronson, J:

Statement: — This is an action upon a contract of guaranty for goods sold and delivered. Upon a previous appeal (41 N. D. 534, 171 N. W. 609) this court held that the contract covered goods sold anterior to its date. The defendants have appealed from a judgment awarded for goods sold, both anterior and posterior to the date of the contract of guaranty. The essential facts necessary to bo stated are as follows:

Between October 17’ 1913, and September 14,. 1914, the plaintiff engaged in the wholesale business, sold -and delivered certain merchandise to the Everybody’s Store, a…

2Cases cited8 opinions

  1. State v. StephensonSupreme Court of Kansas · 1904
  2. United States v. GaussenSupreme Court of the United States · 1873
  3. Dr. R. D. Eaton Chemical Co. v. DohertyNorth Dakota Supreme Court · 1915
  4. Coleman v. Retail Lumbermen's InsuranceSupreme Court of Minnesota · 1899
  5. Northern Trust Co. v. First National BankNorth Dakota Supreme Court · 1915

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3Cited by3 opinions

  1. Northern Pacific Railway Co. v. Advance Realty Co.North Dakota Supreme Court · 1956
  2. Northwestern Improvement Company v. NorrisNorth Dakota Supreme Court · 1955
  3. Spies v. StangNorth Dakota Supreme Court · 1928

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