Legal Opinion

Sweet v. Anderson

North Dakota Supreme Court

Decided January 7, 1919PublishedCited by 4 opinions

Action on promissory note. Appeal from judgment entered in the District Court, Sargent County, F. P. Allen, Judge. “If a note be not properly indorsed it is not transferred in good faith under the merchant.” 4 Am. & Eng. Enc. Law, 311; 7 Oyc-791 & 926; Comp.

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Action on promissory note. Appeal from judgment entered in the District Court, Sargent County, F. P. Allen, Judge. “If a note be not properly indorsed it is not transferred in good faith under the merchant.” 4 Am. & Eng. Enc. Law, 311; 7 Oyc-791 & 926; Comp. Laws 1913, § 6934; Massachusetts Loan & T. Co. v. Twitehell, 7 N. D. 440; Vickery v. Burton, 6 N. D. 245. “A special indorsement specifies to whom or to whose order the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument.” American Nat. Bank v. Lundy, 21 N. D. 167;…

1Opinion of the CourtBronson, J.

This is an action upon a promissory note; the defendant appeals from the judgment entered for $538.65 upon a verdict directed. In the month of September, 1913, the defendant gave this note for $350, maturing November 1, 1914, which was indorsed and sold to the plaintiff herein on October 31, 1913. At the close of the testimony the trial court granted a motion of the plaintiff to direct a verdict in his favor upon the ground that the undisputed evidence showed that the plaintiff was a holder in due course. The appellant herein challenges this ruling of the trial court particularly upon the…

2Cases cited2 opinions

  1. Arnd v. AylesworthSupreme Court of Iowa · 1909
  2. Walters v. RockNorth Dakota Supreme Court · 1908

3Cited by4 opinions

  1. Stevens v. BarnesNorth Dakota Supreme Court · 1919
  2. West Branch Pants Co. v. GordonNorth Dakota Supreme Court · 1924
  3. State v. SukutNorth Dakota Supreme Court · 1922
  4. Norma State Bank v. ScalfNorth Dakota Supreme Court · 1929

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