John C. Oswald & Co. v. Moran
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Glaspell, J. Action by John C. Oswald and Theodore Basting against Patrick Moran and Margaret Moran for the foreclosure of a real estate mortgage securing a promissory note- for $2,966.66 and interest.
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Appeal from District Court, Stutsman County; Glaspell, J. Action by John C. Oswald and Theodore Basting against Patrick Moran and Margaret Moran for the foreclosure of a real estate mortgage securing a promissory note- for $2,966.66 and interest. The defendants admitted the execution and delivery of the note and mortgage sued upon, but counterclaimed for $4,662.37 moneys alleged to have been paid to plaintiff for the purchase of intoxicating liquors by the defendant Patrick Moran, which liquors were purchased for illegal sale within the State of North Dakota. From an order overruling a…
1Opinion of the CourtWallin, J.
This action was brought upon a promissory note executed and delivered to the plaintiffs by the defendants Patrick Moran and Margaret Moran on the 16th day of January, 1895. Said note was made and delivered in payment or in renewal of a *112previous note which had been given in settlement of an account which the plaintiffs then had against said Patrick Moran. The execution and delivery of said note is admitted by the defendants Patrick Moran and Margaret Moran, who answer the complaint jointly. Said answer further embodies an itemized statement of divers sums of money alleged to have been paid…
2Cases cited7 opinions
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Cass County v. Security Improvement Co.North Dakota Supreme Court · 1898
- Halleck v. MossCalifornia Supreme Court · 1863
- Township of Noble v. AasenNorth Dakota Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Murphy v. NelsonSouth Dakota Supreme Court · 1905
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.