McAdam v. Grand Forks Mercantile Co.
North Dakota Supreme Court
Appeal from a judgment of tbe District Court for Grand Forks County; Templeton, J. On June 14, 1904, W. Crawford & Son executed and delivered to tbe defendant, Grand Forks Mercantile Company, tbeir promissory note for $600, payable on demand, said note being given in part payment of an open account for goods sold and delivered. On June 21, 1904, the note was indorsed by the defendant, “Demand, notice-of nonpayment, and protest waived.
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Appeal from a judgment of tbe District Court for Grand Forks County; Templeton, J. On June 14, 1904, W. Crawford & Son executed and delivered to tbe defendant, Grand Forks Mercantile Company, tbeir promissory note for $600, payable on demand, said note being given in part payment of an open account for goods sold and delivered. On June 21, 1904, the note was indorsed by the defendant, “Demand, notice-of nonpayment, and protest waived. (Signed) Grand Dorks Mercantile Company, by W. A. Curry,” and delivered to the First National Bank of Grand Dorks, which bank thereupon gave to the defendant…
1Opinion of the CourtBruce, J.
(after stating the facts as above). An examination of -the complaint will hardly show that the defendant is sought to be held to the liability of an indorser. He is certainly not sought to be held as a maker of a new note. As we construe the complaint, the liability as a vendor or warrantor is alone relied upon. Even if a proper foundation is laid for proof of the liability of an indorser, we are quite satisfied that there is no reason for reversing the judgment of the trial court. Even if we concede that presentment for payment was dispensed with, on which we do not express an opinion, we…
2Cases cited26 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Brown v. MottNew York Supreme Court · 1811
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Smith v. WilliamsSupreme Court of Georgia · 1903
- Nelson v. Armour Packing Co.Supreme Court of Arkansas · 1905
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3Cited by4 opinions
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- Easley v. East Tennessee National BankTennessee Supreme Court · 1917
- Wilson v. StarkMississippi Supreme Court · 1927
- Wright v. KrouskopWyoming Supreme Court · 1940