Red River Valley National Bank v. Barnes
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the Red River Valley National Bank against O. G. Barnes as sheriff of Cass county, N. D., and the North Star Boot & Shoe Company. Judgment for plaintiff. Defendants appeal. The collateral note was without consideration and void. Turle v. Sargent, 65 N. W. Rep. 349; Wipperman v. Hardy, 46 N. E. Rep. 537; Vehon v. Vehon, 70 111. App. 40; Taylor v. Slater, 12 Atl.
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Appeal from District Court, Cass County; Pollock, J. Action by the Red River Valley National Bank against O. G. Barnes as sheriff of Cass county, N. D., and the North Star Boot & Shoe Company. Judgment for plaintiff. Defendants appeal. The collateral note was without consideration and void. Turle v. Sargent, 65 N. W. Rep. 349; Wipperman v. Hardy, 46 N. E. Rep. 537; Vehon v. Vehon, 70 111. App. 40; Taylor v. Slater, 12 Atl. Rep. 727. The • principal note of $9,000 was given upon the consideration of an extension of a pre-existing debt. Lundburg■ v. iV. W. Elev. Co., 43 N. W. Rep. 685. The…
1Opinion of the CourtWallin, J.
This action was tried to the Court, and resulted in a judgment in favor of the plaintiff. The action was brought to recover damages for an alleged unlawful seizure and sale of personal property upon which the plaintiff had a chattel mortgage. The defendant O. G. Barnes seeks to justify as sheriff, and it is conceded that he made the seizure and sale of the property in his official capacity as sheriff of Cass county. The sheriff levied under an execution issued upon a judgment in favor of his co-defendant, the North Star Boot & Shoe Company, which judgment was entered in May, 1895. Said levy…
2Cases cited14 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Robinson v. ElliottSupreme Court of the United States · 1875
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Ephraim v. KelleherWashington Supreme Court · 1892
- Turle v. SargentSupreme Court of Minnesota · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sargent v. CooleyNorth Dakota Supreme Court · 1902
- Vermillion v. First National BankIndiana Court of Appeals · 1914
- F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.South Dakota Supreme Court · 1899
- Bergman v. JonesNorth Dakota Supreme Court · 1901
- Cassidy v. ReuterNorth Dakota Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.