Seybold v. Grand Forks National Bank
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by Joseph Seybold against the Grand Forks National Bank. Charles H. Baldwin, administrator, intervened. From a judgment for plaintiff, defendant and intervener appeal. The action must be brought in the name of the real party in interest and not by the person in whom the mere naked apparent legal title is vested. Sections 5221, 5223, Rev. Codes; Pom.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by Joseph Seybold against the Grand Forks National Bank. Charles H. Baldwin, administrator, intervened. From a judgment for plaintiff, defendant and intervener appeal. The action must be brought in the name of the real party in interest and not by the person in whom the mere naked apparent legal title is vested. Sections 5221, 5223, Rev. Codes; Pom. Rem. 156. The assignee must hold both the legal and equitable title to be the real party in interest. Gradwohl v. Harris, 29 Cal. 150. The defense that plaintiff is not the real…
1Opinion of the CourtCorliss, J.
As originally instituted, the object of this action was to recover judgment against defendant, the Grand Forks National Bank, on a certificate of deposit issued by the bank to one John A. Greenlee. One of the points urged upon this appeal as a ground for reversal of the judgment in favor of the plaintiff and against the bank is that the plaintiff is not the real party in interest. The certificate of deposit was indorsed by Greenlee to R. R. Barrett, cashier, and by Barrett it was indorsed to the plaintiff. The indorsement to the plaintiff is in the following form: “Pay to the order of Jos.…
2Cases cited17 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Allen v. . BrownNew York Court of Appeals · 1870
- Hays v. . HathornNew York Court of Appeals · 1878
- Giselman v. StarrCalifornia Supreme Court · 1895
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3Cited by11 opinions
- Johnson v. RutherfordNorth Dakota Supreme Court · 1914
- Cannon v. WilliamsSupreme Court of Georgia · 1942
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Hentschel v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1937
- Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
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