Couch v. State
North Dakota Supreme Court
Appeal from District Court, Burleigh county; Winchester, J. Action by Luther A. Couch against the state of North Dakota. M. M. Weeks and Robert Cotton intervened. From the judgment Couch appeals. If one makes an offer to another or to all persons in general, and another goes forward and does the thing, the latter accepts the offer and the person who made it must pay or do what he proposed. Bishop on Contracts, section 330; Reif v. Paige, 55 Wis. 496, 42 Am.
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Appeal from District Court, Burleigh county; Winchester, J. Action by Luther A. Couch against the state of North Dakota. M. M. Weeks and Robert Cotton intervened. From the judgment Couch appeals. If one makes an offer to another or to all persons in general, and another goes forward and does the thing, the latter accepts the offer and the person who made it must pay or do what he proposed. Bishop on Contracts, section 330; Reif v. Paige, 55 Wis. 496, 42 Am. Rep. 731; Springer v. Cooper, 11 Bald. 267. A common case is that of reward for an arrest. Bishop on Contracts, 331; Hugill v. Kinney, 9…
1Opinion of the CourtYoung, J.
The plaintiff brought this action to recover from the state the sum of $300, the amount of a reward offered by the governor of the state “for the arrest or information leading to the arrest” of one James Smith, also known as Jacob Bassanella, who escaped from the -county jail of McLean county, where he was held for the murder of Anton Helinger. Smith was recaptured, tried, convicted and executed. There -are three claimants for the reward. The plaintiff, Couch, attached a copy of the governor’s proclamation to his complaint, and alleged that, relying upon the promise contained therein, he…
2Cases cited13 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Fitch v. . SnedakerNew York Court of Appeals · 1868
- President, Directors & Co. of the City Bank v. BangsNew York Court of Chancery · 1831
- Howland v. . LoundsNew York Court of Appeals · 1873
- Dinlay v. McCullaghNew York Supreme Court · 1895
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