Advance-Rumely Thresher Co. v. Geyer
North Dakota Supreme Court
Appeal from the District Court of Towner County, North Dakota, Honorable C. W. Buttz, Judge. Judgment of the trial court modified, with costs. Every holder of a negotiable instrument is deemed prima facie to be a holder in due course, unless the title of the holder is shown to be defective, as defined by the Code. There is no claim here that the title of plaintiff is defective. Civ.
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Appeal from the District Court of Towner County, North Dakota, Honorable C. W. Buttz, Judge. Judgment of the trial court modified, with costs. Every holder of a negotiable instrument is deemed prima facie to be a holder in due course, unless the title of the holder is shown to be defective, as defined by the Code. There is no claim here that the title of plaintiff is defective. Civ. Code, §§ 6940, 6944. In the purchase of machinery where there is a written warranty and also provisions as to giving notice by the purchaser, upon which the warranty is based, his failure to give the notice as…
1Opinion of the CourtGrace, J.
Appeal from the district court of Towner county, North Dakota, Honorable O. "W. Buttz, Judge.
This is an action to recover the balance claimed to be due upon a promissory note by the plaintiff, which claims to be the holder in due course of such note, and also to foreclose a chattel mortgage given to secure such note. The complaint is in the ordinary form and alleges cause of action on the note, and contains proper allegations asking for the foreclosure of the chattel mortgage given to secure such note. Answer admits the execution of the note and mortgage referred to in the complaint, and…
2Cases cited3 opinions
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
- J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
- In re Rieger, Kapner & AltmarkDistrict Court, S.D. Ohio · 1907
3Cited by7 opinions
- J. I. Case Credit Corp. v. StarkWashington Supreme Court · 1964
- Minneapolis Threshing MacH. Co. v. HockingNorth Dakota Supreme Court · 1926
- Platt v. Bradner Co.Washington Supreme Court · 1924
- Caldwell v. RoachWyoming Supreme Court · 1932
- Walker v. Southwest Mines Development Co.Arizona Supreme Court · 1938
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