More v. Western Grain Co.
North Dakota Supreme Court
From an order of the District Court, Hettinger County; Crawford, J., plaintiffs appeal. To maintain interpleader it is necessary that the plaintiff make demand upon the defendant for the same debt or property as the person not a party to the action. Rev. Codes 1905, § 6826, Comp. Laws 1913, § 7414. “Debt is a legal liability to pay a specific sum of money,” a sum of money reduced to a certainty, and distinguished from a claim for uncertain damages.
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From an order of the District Court, Hettinger County; Crawford, J., plaintiffs appeal. To maintain interpleader it is necessary that the plaintiff make demand upon the defendant for the same debt or property as the person not a party to the action. Rev. Codes 1905, § 6826, Comp. Laws 1913, § 7414. “Debt is a legal liability to pay a specific sum of money,” a sum of money reduced to a certainty, and distinguished from a claim for uncertain damages. The claim here is not for property. An action for damages for tort is not a claim for a debt. 13 Cyc. 398; Sonnesyn v. Akin, 12 N. D. 227, 97 N.…
1Opinion of the CourtChristianson, J.
This is an appeal from an order of interpleader.' The facts necessary for a determination of the questions presented On this appeal are as follows:
This action was brought to recover damages for the alleged conversion of 1,381 bushels and 50 pounds of wheat and 366 bushels of barley upon which plaintiffs claim a lien by virtue of a chattel mortgage. The complaint is in the usual form, and alleges the execution and delivery to plaintiff by one Charles Procise, of three promissory notes, on the 19th day of August, 1912, aggregating in all $1,300, and'the subsequent execution and delivery of a…
2Cases cited21 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Shaw v. CosterNew York Court of Chancery · 1840
- Daggett v. GrayCalifornia Supreme Court · 1895
- North Pacific Lumber Co. v. LangOregon Supreme Court · 1895
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
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