Helman v. Strong
North Dakota Supreme Court
Appeal from tbe District Court of Foster County, J. A. Coffey, J. From a judgment in plaintiff’s favor, defendant appeals.
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Appeal from tbe District Court of Foster County, J. A. Coffey, J. From a judgment in plaintiff’s favor, defendant appeals. “If there is a presumption of payment, either from lapse of time or from the possession of the evidence of the indebtedness by the debtor, the burden of showing nonpayment is on the debtor.” 30 Cyc. 1265. It is the settled law in this state that a trial court in charging a jury must cover the law of the case, at least in a general way, to the end that the jury may receive reasonable aid and enlightenment upon the essential and controlling questions in controversy. Putnam…
1Opinion of the Court
Fisk, Ch. J.
Action to recover upon a $300 note executed and delivered by defendant to plaintiff; also to recover $400 and interest on account for moneys claimed to have been loaned by plaintiff to defendant. Plaintiff had judgment in the lower court, pursuant to the verdict, in the sum of $700 with interest at 8 per cent on the note only, and for costs. The reason that interest was not allowed on the $400 item evidently is because of an erroneous instruction to the effect that the allowance of interest thereon was a matter of discretion with the jury. The giving of such instruction was no…
2Cases cited12 opinions
- Larkin v. . HardenbrookNew York Court of Appeals · 1882
- Whitcomb v. National Exchange BankCourt of Appeals of Maryland · 1914
- Ugland v. Farmers & Merchants' State BankNorth Dakota Supreme Court · 1912
- Felton v. Midland Continental RailroadNorth Dakota Supreme Court · 1915
- Montana Eastern Railway Co. v. LebeckNorth Dakota Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bormann v. BeckmanNorth Dakota Supreme Court · 1945
- Borstad v. La RoqueNorth Dakota Supreme Court · 1959