Hilleboe v. Warner
North Dakota Supreme Court
Appeal from District Court, Bottineau County; Burke, J. Action by P. S. Hilliboe, as administrator of the estate of Elias Ertresvaag, deceased, against N. J. Warner, W. R. McIntosh, and •others. Judgment for McIntosh and such others, and Hilliboe appeals. The execution of a bond to an obligee, since deceased, is as to the signers a transaction to which neither can testify.
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Appeal from District Court, Bottineau County; Burke, J. Action by P. S. Hilliboe, as administrator of the estate of Elias Ertresvaag, deceased, against N. J. Warner, W. R. McIntosh, and •others. Judgment for McIntosh and such others, and Hilliboe appeals. The execution of a bond to an obligee, since deceased, is as to the signers a transaction to which neither can testify. Regan v. Jones, 14 N. D. 591, 105 N. W. 613; Amchampauch v. Schmidt, '34 N. W. 460; Waters v. McCrevey, 82 N. W. 949; Bright v. Macron, 121 N. C. 86; Garretson v. Kinkhead, 92 N. W. 55; Bryant v. Stainbrook, 19 Pac. 917; In…
1Opinion of the CourtMorgan, C. J.
The plaintiff, as administrator of the estate of E. Ertresvaag, deceased, brings this action against the defendants to recover damages for the alleged breach of a bond given by them for the faithful performance of a building contract between Ertresvaag in his lifetime as the owner of the building and the defendant N. J. Warner, the contractor. The other defendants are sureties upon said bond. The complaint alleges the execution of the bond and the purposes for which it was executed. It further alleges that said Ertresvaag paid said Warner the full amount due him upon the completion of the…
2Cases cited3 opinions
- Cass County v. American Exchange State BankNorth Dakota Supreme Court · 1900
- Fleischer v. FleischerNorth Dakota Supreme Court · 1902
- Cass County v. American Exchange State BankNorth Dakota Supreme Court · 1902
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