Christofferson v. Wee
North Dakota Supreme Court
Appeal from judgment of the District Court for Ransom County; Allen, J. This is an action upon two negotiable promissory notes for $100 each, bearing date the 6th day of April, 1907, one payable the 1st day of December, 1907, and the other the 1st day of December, 1908, with interest at 6 per cent, executed and delivered by the defendant, Ole T. Wee, to tbe plaintiff, Mas Christofferson.
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Appeal from judgment of the District Court for Ransom County; Allen, J. This is an action upon two negotiable promissory notes for $100 each, bearing date the 6th day of April, 1907, one payable the 1st day of December, 1907, and the other the 1st day of December, 1908, with interest at 6 per cent, executed and delivered by the defendant, Ole T. Wee, to tbe plaintiff, Mas Christofferson. The complaint is in the usual form, and was served on the 19th of November, 1909. The defendant answered December 13, 1909, and on the 3d of February, 1910, served an amended answer bearing date January .29,…
1Opinion of the Court
Spalding, Ch. J.
(after stating tbe facts). Were tbe counterclaims
as pleaded subject to attack on tbe grounds stated in tbe objections? Tbis court bas repeatedly beld that where a pleading is attacked by motion or objection to tbe reception of evidence on tbe trial, it will be construed more liberally in favor of tbe pleader than when tbe attack is made by demurrer. Weber v. Lewis, 19 N. D. 473, 34 L.R.A.(N.S.) 364, 126 N. W. 105; Donovan v. St. Anthony & D. Elevator Co. 7 N. D. 513, 66 Am. St. Rep. 674, 75 N. W. 809; Walters v. Rock, 18 N. D. 45, 115 N. W. 511. See also Eirst Nat. Bank v.…
2Cases cited16 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Weber v. LewisNorth Dakota Supreme Court · 1910
- Bank of Chadron v. AndersonWyoming Supreme Court · 1897
- Jarvis v. PeckWisconsin Supreme Court · 1865
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3Cited by3 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Allis-Chalmers Manufacturing Co. v. Amenia Seed & Grain Co.North Dakota Supreme Court · 1926
- Emerson-Brantingham Co. v. BrennanNorth Dakota Supreme Court · 1916