Bank of Sanborn v. France
North Dakota Supreme Court
Appeal from the District Court of Barnes County, Honorable J. A. Coffey, Judge. . It is a well-settled principle of law that where the maker of commercial paper voluntarily places his paper in the hands of another for negotiation, or who stands by and sees the note indorsed to a party without having his right to defend against the payment of the notes indorsed thereon, or where a failure of the consideration complained of is occasioned by his noncompliance with his own…
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Appeal from the District Court of Barnes County, Honorable J. A. Coffey, Judge. . It is a well-settled principle of law that where the maker of commercial paper voluntarily places his paper in the hands of another for negotiation, or who stands by and sees the note indorsed to a party without having his right to defend against the payment of the notes indorsed thereon, or where a failure of the consideration complained of is occasioned by his noncompliance with his own agreement or obligation, he is estopped from defending against the notes when suit is brought on them by the purchaser or…
1Concurring in part, dissenting in part
Birdzeix, J. and Christianson, Ch. J.
(concurring in part and ■dissenting in part). We concur in the affirmance of the judgment. No •error was committed upon the trial and the jury decided the issues involved in favor of the plaintiff. In our opinion, there is no occasion for qualifying the order of affirmance as is done by the majority of the court. The reasons leading to this conclusion are more fully stated in the dissenting opinion in the case of Earley v. France, ante, 52, 172 N. W. 73.
2Cases cited1 opinion
- Earley v. FranceNorth Dakota Supreme Court · 1919