Northern Pacific Railway Co. v. McClure
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the Northern Pacific Railway Company against William A. McClure and others to recover indemnity, under a lease, for liability for property destroyed by fire. From a judgment in favor of plaintiff, on an order overruling a demurrer to the complaint, defendants appeal.
Read the full summary
Appeal from District Court, Cass County; Pollock, J. Action by the Northern Pacific Railway Company against William A. McClure and others to recover indemnity, under a lease, for liability for property destroyed by fire. From a judgment in favor of plaintiff, on an order overruling a demurrer to the complaint, defendants appeal. There is no privity of contract between the defendants and the Northern Pacific Railway Company, and no privity of estate which will allow the company to recover any loss which it has sustained. The covenant does not run with the land. § § 3784, 3785, 3786 and 3787,…
1Opinion of the CourtYoung, J.
In this case a demurrer to the complaint was interposed by defendants’ counsel upon the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was overruled by the trial court, and, defendants having elected to stand upon their demurrer, judgment was ordered and entered for the plaintiff for the relief demanded. The defendants appeal'from the judgment, and submit for review the correctness of the court’s *75order overruling the demurrer, and that question only. If that ruling is sustained, the judgment must be affirmed. ' If not, it will be reversed. By…
2Cases cited26 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Norman v. WellsNew York Supreme Court · 1837
- Allen v. CulverNew York Supreme Court · 1846
- Dixon v. NiccollsIllinois Supreme Court · 1866
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
- Kennedy Bros. v. Iowa State InsuranceSupreme Court of Iowa · 1902
- Manchester Marble Co. v. Rutland RailroadSupreme Court of Vermont · 1927
- Bull v. BeisekerNorth Dakota Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.