Novak v. Lovin
North Dakota Supreme Court
Appeal from District Court of Stark County, Grawford, J. From a judgment in plaintiff’s favor, defendants appeal. The fact that defendants in their answer did not assert the invalidity of the note because of its execution and delivery on a legal holiday does not preclude them from availing themselves of such defense. Jacobson v. Bentzler, 127 Wis. 566, 4 L.R.A.(N.S.) 1151, 115 Am. St. Rep. 1052, 107 N. W. 7, 7 Ann.
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Appeal from District Court of Stark County, Grawford, J. From a judgment in plaintiff’s favor, defendants appeal. The fact that defendants in their answer did not assert the invalidity of the note because of its execution and delivery on a legal holiday does not preclude them from availing themselves of such defense. Jacobson v. Bentzler, 127 Wis. 566, 4 L.R.A.(N.S.) 1151, 115 Am. St. Rep. 1052, 107 N. W. 7, 7 Ann. Cas. 633. A loan of money on Sunday is void, and not subject to a ratification on a subsequent day. A promissory note bearing the date of a secular day, but in fact made and…
1Opinion of the Court
Fisk, Ch. J.
Plaintiff, as administrator of the estate of one Barbara Mikesh sues to recover the sum of $800 and interest on two promissory notes of $400 each, executed and delivered to the intestate by the defendants, who are her son-in-law and daughter. The first note is dated at Voss, North Dakota, on January 1, 1898, payable to the order of intestate on January 1, 1900, with interest from date at 8 per cent per annum. The other is dated at Voss, North Dakota, on January 20, 1903, and payable to the order of intestate ond year after date, with interest at 6 per cent per annum after…
2Cases cited9 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Hegeman v. . MoonNew York Court of Appeals · 1892
- Blanchard v. SheldonSupreme Court of Vermont · 1871
- Hackett v. MoxleySupreme Court of Vermont · 1892
- Bedford's Exr. v. ChandlerSupreme Court of Vermont · 1908
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3Cited by9 opinions
- Lloyd Mortgage Co. v. DavisNorth Dakota Supreme Court · 1924
- Compton v. WestermanWashington Supreme Court · 1928
- McCormick v. Union Farmers State BankNorth Dakota Supreme Court · 1922
- Fischer v. FischerSupreme Court of Iowa · 1953
- In Re Smith's EstateSupreme Court of Iowa · 1953
4 more not listed; retrieve them via the Exa API.