Wald v. Wheelon
North Dakota Supreme Court
Appeal from judgment of the District Court of McHenry County, Hon. A. O. Burr, Judge. The insufficiency of the evidence to establish the alleged agreement might be remedied on another trial, and hence, though it would be a ground for a new trial, it would not justify a judgment-wow obstante veredicto.
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Appeal from judgment of the District Court of McHenry County, Hon. A. O. Burr, Judge. The insufficiency of the evidence to establish the alleged agreement might be remedied on another trial, and hence, though it would be a ground for a new trial, it would not justify a judgment-wow obstante veredicto. Meehan v. Great Northern E. Co. 13 N. D. 441, 101 N. W. 183. In any event, the agreement alleged was unlawful, and unenforceable, because its execution involved the commission of a crime. Eev. Codes 1905, §§ 4657, 4658. An agreement to do something which the law forbids cannot be made the basis…
1Opinion of the Court
Spalding, Ch. J.
Can there be a recovery of damages for the violation of a contract, the execution of which would constitute the commission of a crime by the officers of the defendant? This is the question to be considered on this appeal. For an understanding of the facts, we may state that the action was brought to recover damages for the failure of the defendant, a state bank, to make a loan to the plaintiff as agreed, and therewith to pay the sheriff of McHenry County March 15, 1910, the sum necessary to effect a redemption of certain real estate from a foreclosure sale, and for which the…
2Cases cited16 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Pratt v. . ShortNew York Court of Appeals · 1880
- Monument National Bank v. Globe WorksMassachusetts Supreme Judicial Court · 1869
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- Durkee v. People ex rel. AskrenIllinois Supreme Court · 1895
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3Cited by15 opinions
- County of Divide v. BairdNorth Dakota Supreme Court · 1926
- Oakes National Bank v. Farmers State BankNorth Dakota Supreme Court · 1924
- American Express Co. v. Citizens State BankWisconsin Supreme Court · 1919
- Bosshard v. County of SteeleSupreme Court of Minnesota · 1927
- Merchants' Nat. Bank of Mandan v. First Nat. Bank of DuluthCourt of Appeals for the Eighth Circuit · 1916
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