W. T. Rawleigh Medical Co. v. Laursen
North Dakota Supreme Court
Appeal from the District Court for Barnes County; Templeton, Special Judge. Action against principal and guarantors upon a contract of sale, for the breach of the same. Judgment for plaintiff. Defendants (guarantors) appeal.
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Appeal from the District Court for Barnes County; Templeton, Special Judge. Action against principal and guarantors upon a contract of sale, for the breach of the same. Judgment for plaintiff. Defendants (guarantors) appeal. On or about May 10, 1908, a contract was entered into between the W. T. Rawleigh Medical Company and one Lauritz Laursen, under and by the terms of which the said medical company agreed to sell to the said Laursen certain merchandise, and the said Laursen agreed to pay for the same according to a schedule of prices and in a manner in said contract stated. Before the…
1Opinion of the CourtBruce, J.
(after stating the facts as above). A motion is made to dismiss the appeal, for the reason that the appellants have failed to perfect the same by serving and filing a sufficient undertaking within one year from the date of notice of entry of judgment. There is no doubt in our minds that the undertaking is defective. The justification, indeed, fails entirely to state that the sureties are worth “the sum therein mentioned, over and above their debts and liabilities not by *68law exempt from execution, in property within the state of North DakotaThis allegation seems to be necessary. See § 7221,…
2Cases cited21 opinions
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Garland v. GainesSupreme Court of Connecticut · 1901
- Moses v. Lawrence County BankSupreme Court of the United States · 1893
- Swisher v. DeeringIllinois Supreme Court · 1903
- Burger v. SinclairNorth Dakota Supreme Court · 1912
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- JR Watkins Company v. VangenNorth Dakota Supreme Court · 1962
- In Re Guardianship of FrankNorth Dakota Supreme Court · 1964
- Hassell-Hughes Lumber Co. v. JacksonCourt of Appeals of Tennessee · 1949
- Dr. Koch Medical Tea Co. v. PoitrasNorth Dakota Supreme Court · 1916
- W. T. Rawleigh Co. v. Van DuynIdaho Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.