Red River Valley National Bank v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Red River Valley National Bank 'against the city of Fargo. Judgment for plaintiff, and defendant appeals. The plaintiff failed to establish a cause of action and did not prove the material allegations of the complaint. The action is in tort for a wrong done the plaintiff, and proof to sustain the complaint ought to be in harmony with it.
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Appeal from District Court, Cass county; Pollock, J. Action by the Red River Valley National Bank 'against the city of Fargo. Judgment for plaintiff, and defendant appeals. The plaintiff failed to establish a cause of action and did not prove the material allegations of the complaint. The action is in tort for a wrong done the plaintiff, and proof to sustain the complaint ought to be in harmony with it. Plaintiff offered certain exhibits in evidence to which objection was made by the defendant. These exhibits were certain alleged contracts out of which the plaintiff’s claim grew. The…
1Opinion of the CourtEngerud, J.
The complaint sets forth three causes of action, the first of which is in substance as follows: On October 7, 1895, the defendant city issued to McDonald & Q’Neil a warrant for the payment to them of $500 out-of the Front street paving fund of said city, which warrant was issued in part payment of the agreed price for paving part of said street. That said paving had been done by McDonald & O’Neil under a contract with the city wherein said contractors agreed to do the paving for a fixed price, and were to be paid by the city in warrants drawn upon, and payable out of, a paving fund to. be…
2Cases cited1 opinion
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
3Cited by8 opinions
- Morris v. City of SheridanOregon Supreme Court · 1917
- Marks v. Richmond CountySupreme Court of Georgia · 1927
- Goer v. TaylorNorth Dakota Supreme Court · 1924
- State ex rel. Viking Township v. MikkelsonNorth Dakota Supreme Court · 1912
- Witter v. Phillips CountyMontana Supreme Court · 1941
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