Starke v. Stewart
North Dakota Supreme Court
Erom a judgment of the District Court of Stark County, Crawford, J., plaintiff appeals. The testimony of defendant himself proved the account upon which suit is brought, and made a prima facie case. As to payment, the burden of proof shifted to defendant. Second Nat. Bank v. Eirst Nat. Bank, 8 N. D. 53, 76 N. W. 504. The defense of payment must be specifically pleaded, and the burden is on defendant to prove it.
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Erom a judgment of the District Court of Stark County, Crawford, J., plaintiff appeals. The testimony of defendant himself proved the account upon which suit is brought, and made a prima facie case. As to payment, the burden of proof shifted to defendant. Second Nat. Bank v. Eirst Nat. Bank, 8 N. D. 53, 76 N. W. 504. The defense of payment must be specifically pleaded, and the burden is on defendant to prove it. Lokken v. Miller, 9 N. D. 513, 84 N. W. 368; Satterlund v. Beal, 12 N. D. 123, 95 N. W. 518. Books of account when offered and attempted to be used as evidence upon a trial must be…
1Opinion of the CourtChristianson, J.
This is an appeal from a judgment of the district court of Stark county. Plaintiff’s complaint is as follows: “The plaintiff complains and alleges:
“1. That between the 1st day of August a. d. 1909, and the 30th day of August a. d. 1909, the Missouri Slope Brick & Tile Company, a corporation, sold and delivered to the defendant goods, wares, and merchandise of the reasonable value of and for which the defendant promised to pay the sum of $130.93.
“2. That no part of said sum has been paid except the sum of $20.
“3. That thereafter one E. A. Lillibridge was appointed receiver of said Missouri…
2Cases cited10 opinions
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
- First National Bank v. NorthSouth Dakota Supreme Court · 1892
- Pollak v. WinterSupreme Court of Alabama · 1911
- Fitch v. MartinNebraska Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morris v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Skogness v. SegerNorth Dakota Supreme Court · 1916