First National Bank v. Henry
North Dakota Supreme Court
From a judgment of the District Court of Nelson County, Cooley, T., defendant appeals. The ag’ent Serumgard was authorized by his principal, Converse, to receive the check in payment of the balance due from the defendant; the principal permitted a course of business dealing in regard to the property and in regard to the negotiations for the sale thereof, as to evidence an ostensible agency on which the defendant might rely, and on the strength of which he might make payment…
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From a judgment of the District Court of Nelson County, Cooley, T., defendant appeals. The ag’ent Serumgard was authorized by his principal, Converse, to receive the check in payment of the balance due from the defendant; the principal permitted a course of business dealing in regard to the property and in regard to the negotiations for the sale thereof, as to evidence an ostensible agency on which the defendant might rely, and on the strength of which he might make payment to such agent with the same effect as though made to the principal. Grant v. ITumerick, 123 Iowa, 571, 94 N. W. 510;…
1Opinion of the CourtChristianson, J.
This is an appeal from a judgment of the district court of Nelson county. The case was tried to a jury and resulted in a directed verdict for the plaintiff. The following facts are undisputed, — or clearly established by the evidence.. In August,. 1911, and prior thereto, one Mrs. Esther B. Converse was the owner of a one-third interest in a business block in the city of Devils Lake. The defendant, Henry, was the owner of another one-third interest. It appears that the property formerly belonged to Mrs. Converse’s husband, and that Mrs. Converse became owner as his heir. In the summer or fall…
2Cases cited20 opinions
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Harbach v. ColvinSupreme Court of Iowa · 1887
- Townsend v. KennedySouth Dakota Supreme Court · 1894
- National Fire Insurance v. Eastern Building & Loan Ass'nNebraska Supreme Court · 1902
- Beck v. Minnesota & Western Grain Co.Supreme Court of Iowa · 1906
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3Cited by9 opinions
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Hagel v. Buckingham Wood Products, Inc.North Dakota Supreme Court · 1977
- Smith v. KeatingWashington Supreme Court · 1958
- Delaloye v. KaisershotNorth Dakota Supreme Court · 1943
- Glaserud v. HoffNorth Dakota Supreme Court · 1947
4 more not listed; retrieve them via the Exa API.