Second National Bank v. Spottswood
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. .Action by the Second National Bank of Winona, Minn., against James Spottswood and others. Judgment for defendants. Plaintiff appeals. Where the maker of a note pays same to original payee after transfer thereof to a third party supposing the payee is still the owner of the nóte he cannot be relieved on the ground that there was an ostensible agency in the payee to act for the transferee of the note.
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Appeal from District Court, Walsh County; Sauter, J. .Action by the Second National Bank of Winona, Minn., against James Spottswood and others. Judgment for defendants. Plaintiff appeals. Where the maker of a note pays same to original payee after transfer thereof to a third party supposing the payee is still the owner of the nóte he cannot be relieved on the ground that there was an ostensible agency in the payee to act for the transferee of the note. Murphy v. Beard, 38 N. E. Rep. (Mass.) 32; Hollingshead v. Stuart, 8 N. D. 40; Stolzman v. Wyman, 8 N. D. 108. As a general rule possession of…
1ConcurrenceWallin, C. J.
I agree with the majority of the Court that the judgment should be affirmed, but am not wholly satisfied with the reasoning upon which the majority base their conclusion. An examination of the evidence has failed to satisfy me that the money paid to McLaughlin by the signer of the note was ever in fact paid over to the plaintiff. But, in my opinion, the evidence, when considered in its entirety, tends at least to show that McLaughlin was plaintiff’s agent for the collection of the note, and there is no evidence whatever in this record to combat this .conclusion. The fact of agency being…
2Cited by1 opinion
- Second National Bank v. SpottswoodNorth Dakota Supreme Court · 1901