Petrie v. Wyman
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. From judgments rendered against them as garnishees, and orders denying their motions for judgment notwithstanding the verdict or for a new trial, Payne & Argusville Farmers’ Elevator Company appeal. Plaintiff is not entitled to judgment against the garnishee Payne, because no liability existed between Payne and Wyman by reason of the provisions of the lease.
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Appeal from the District Court of Cass County, Pollock, J. From judgments rendered against them as garnishees, and orders denying their motions for judgment notwithstanding the verdict or for a new trial, Payne & Argusville Farmers’ Elevator Company appeal. Plaintiff is not entitled to judgment against the garnishee Payne, because no liability existed between Payne and Wyman by reason of the provisions of the lease. A plaintiff in garnishment proceedings stands in no better position than the defendant does, with respect to the indebtedness sought to be reached by the process of garnishment,…
1Opinion of the CourtChristianson, J.
Plaintiff instituted the main action herein for the purpose of recovering from the defendant John Wyman, the full amount due upon a certain promissory note in the sum of $5,000, dated October 18, 1910, and payable to the order of one Emma O. Schinzer on the 1st day of August, 1911, and which note, it is alleged, was indorsed and transferred to the plaintiff herein. The summons and complaint in the main action were served upon the defendant on July 30, 1913.
On August 29, 1913, the plaintiff instituted a garnishment action, ancillary to said main action, against the following-named garnishees:…
2Cases cited17 opinions
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Seckerson v. SinclairNorth Dakota Supreme Court · 1912
- Shortridge v. SturdivantNorth Dakota Supreme Court · 1915
- Seckerson v. SinclairNorth Dakota Supreme Court · 1913
- Moores v. TomlinsonNorth Dakota Supreme Court · 1916
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3Cited by16 opinions
- State v. DietzNorth Dakota Supreme Court · 1962
- Hanson v. BlumNorth Dakota Supreme Court · 1926
- Lakota Mercantile Co. v. BalsleyNorth Dakota Supreme Court · 1931
- Veum v. StefferudNorth Dakota Supreme Court · 1923
- F. B. Scott Co. v. ScheidtNorth Dakota Supreme Court · 1916
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