Williams County State Bank v. Gallagher
North Dakota Supreme Court
Appeal from the District Court of Williams County, Frank- E. Fisk, J. Action to foreclose a chattel.mortgage. Judgment for plaintiff. Defendant appeals. This action is upon a note and chattel mortgage, brought by the plaintiff, payee, and defendant pleads no consideration. Under such state of facts, the real consideration is a proper subject of inquiry. First State Bank v. Nelly, 30 N. D. 84, 152 N. W. 125, and authorities; Comp.
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Appeal from the District Court of Williams County, Frank- E. Fisk, J. Action to foreclose a chattel.mortgage. Judgment for plaintiff. Defendant appeals. This action is upon a note and chattel mortgage, brought by the plaintiff, payee, and defendant pleads no consideration. Under such state of facts, the real consideration is a proper subject of inquiry. First State Bank v. Nelly, 30 N. D. 84, 152 N. W. 125, and authorities; Comp. Laws 1913, § 5975; Jeffers v. Easton, E. & Co. 113 Cal. 345, 45 Pac. 680. “The mere withholding of evidence, or failure to produce evidence which, under the…
1Opinion of the CourtBruce, J.
This is an action to foreclose a chattel mortgage, and comes to us for a trial de novo under the provisions of § 7846, Compiled Laws of 1913.
The answer pleads a failure of consideration, and alleges that the note was given in the purchase of a certain horse which was sold at a public auction held under the direction of the plaintiff, and that such horse was afterwards taken- from the defendant by the foreclosure of a prior chattel mortgage thereon, and the existence of which was not then known by or disclosed to him. Not only is a dismissal of the action asked, but also affirmative judgment…
2Cases cited1 opinion
- Landis v. KnightNorth Dakota Supreme Court · 1912
3Cited by15 opinions
- Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
- Tulintseff v. JacobsenNorth Dakota Supreme Court · 2000
- King v. TallmadgeNorth Dakota Supreme Court · 1920
- Remmich v. WagnerNorth Dakota Supreme Court · 1950
- Sutherland v. NoggleNorth Dakota Supreme Court · 1916
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