Merchants' State Bank v. Streeper
North Dakota Supreme Court
From a judgment of the district court of Ward County entered pursuant to an order for judgment notwithstanding the verdict, defendant appeals.
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From a judgment of the district court of Ward County entered pursuant to an order for judgment notwithstanding the verdict, defendant appeals. The court erred in ordering that judgment in favor of the defendant be vacated and set aside and that the plaintiff have judgment notwithstanding the verdict since no moton for a directed verdict was made at any time during the trial of the action. 12 N. D. 74; 17 N. D. 310. The court also erred in holding, as the court must have done, that there was not sufficient evidence to sustain the verdict rendered by the jury. Marquardt v. Huebner, 80 N. W.…
1Opinion of the CourtChristianson, J.
This is an action on a promissory note in the sum of $500, dated October 25, 1916, payable January 1, 1918. The defense is that there was no consideration for the note. There was no motion for a directed verdict. The jury returned a verdict in favor of the defendant. Plaintiff thereafter moved in the alternative for a judgment notwithstanding the verdict or for a new trial. The trial court gave judgment notwithstanding the verdict. Judgment was entered accordingly, and the defendant has appealed from such judgment.
It appears from the evidence that the defendant was iiistrumental in procuring…
2Cited by2 opinions
- Balph v. BroadhurstSupreme Court of Kansas · 1926
- Merchants State Bank v. BeighleNorth Dakota Supreme Court · 1924