Legal Opinion

Northern Savings Bank v. Kelly

North Dakota Supreme Court

Decided October 13, 1915PublishedCited by 2 opinions

Suit upon promissory note. Defense, failure of consideration, -wrongful transfer of said-note, and entire lack of consideration. Certain rulings of the trial court assigned as error. Appeal from the District Court of Cass County; Pollock, J. . There'was no proof of tbe indorsement of tbe note involved in tbis case. Tbe mere making of tbe indorsement by tbe so-called president of tbe payee is no proof, .at all.

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Suit upon promissory note. Defense, failure of consideration, -wrongful transfer of said-note, and entire lack of consideration. Certain rulings of the trial court assigned as error. Appeal from the District Court of Cass County; Pollock, J. . There'was no proof of tbe indorsement of tbe note involved in tbis case. Tbe mere making of tbe indorsement by tbe so-called president of tbe payee is no proof, .at all. There was no proof that be was president, or that be bad authority to make tbe indorsement, by which, coupled with a so-called delivery, the said note was transferred. There are no…

1Opinion of the CourtBubke, J.

This litigation arises over a certain promissory note given by the defendant under the following circumstances: In the *587spring of 1912 two daily papers were published at Fargo, — the Forum and the Courier-News. From the correspondence' we infer that the Forum was Republican and that the Courier-News almost, if not quite, Democratic. From the same sources we infer that the parties to this action are of the Democratic faith. About the 8th of March, 1912, one O..M. Hatcher approached the defendant for a subscription to a new company to be known as the Courier-Forum Publishing Company which was to…

2Cases cited2 opinions

  1. Kerr v. AndersonNorth Dakota Supreme Court · 1907
  2. Farmers Bank v. RiedlingerNorth Dakota Supreme Court · 1914

3Cited by2 opinions

  1. First Nat. Bank & Trust Co. v. HeilmanCourt of Appeals for the Tenth Circuit · 1932
  2. Brissman v. ThistlethwaiteNorth Dakota Supreme Court · 1922

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