Emerson-Brantingham Co. v. Brennan
North Dakota Supreme Court
Action to recover on a promissory note. Appeal from tbe District Court of Ramsey County, O. W. Buttz, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an. action, brought by the assignee of a promissory note to recover against the maker thereof.
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Action to recover on a promissory note. Appeal from tbe District Court of Ramsey County, O. W. Buttz, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an. action, brought by the assignee of a promissory note to recover against the maker thereof. The amended, complaint alleged: “(1) That the plaintiff now is and at all the times hereinafter mentioned has been a corporation duly organized and existing under and by virtue of the laws of the state of Illinois, and licensed to transact business within the state of North Dakota. “(2) That heretofore and for…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The main question to be determined is whether the trial court erred in sustaining the demurrer to the answer. It is perfectly clear to us that the defense, if properly pleaded, could be interposed as against the plaintiff. Although the note was a negotiable instrument in form, it was assigned to the plaintiff, and not negotiated. Section 7396 of the Compiled Laws of 1913, provides that “in the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defense existing at the time or before…
2Cases cited3 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Hatchett v. GibsonSupreme Court of Alabama · 1848
3Cited by7 opinions
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- First National Bank of Minot v. MacDonald Construction Co.North Dakota Supreme Court · 1965
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924
- Clow v. SweeneyNorth Dakota Supreme Court · 1919
- Pappas v. CourembisDistrict of Columbia Court of Appeals · 1951
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