Legal Opinion

Federal Land Bank of St. Paul v. Brakke

North Dakota Supreme Court

Decided January 4, 1988No. Civ. 870101PublishedCited by 6 opinions

1Opinion of the Court

VANDE WALLE, Justice.

Chester A. Brakke and Alice M. Brakke appealed from an order striking the defense of payment from their answer in a mortgage-foreclosure action brought against them by the Federal Land Bank of St. Paul. We affirm.

The Brakkes’ defense of payment to the mortgage-foreclosure action was based upon the issuance of what is termed a “sight draft.” This “sight draft” provided for the payment of $105,271.03 “of credit on presentment ” to the Federal Land Bank. The “sight draft” also contained the notation that “This draft is redeemable in a certificate of credit, at full face…

2Cases cited3 opinions

  1. Williams v. StateNorth Dakota Supreme Court · 1987
  2. Mitchell v. PreusseNorth Dakota Supreme Court · 1984
  3. Matter of Estates of GustafsonNorth Dakota Supreme Court · 1986

3Cited by6 opinions

  1. United Valley Bank v. LambNorth Dakota Supreme Court · 2003
  2. Production Credit Ass'n of Mandan v. ObrigewitchNorth Dakota Supreme Court · 1990
  3. Rolin Manufacturing, Inc. v. MosbruckerNorth Dakota Supreme Court · 1997
  4. Deptuch v. LindbergNorth Dakota Supreme Court · 2003
  5. Fabricut, Inc. v. KeeneyNorth Dakota Court of Appeals · 1988

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