Wood v. Pehrsson
North Dakota Supreme Court
Appeal from District Court, Cass county; E. B. Goss, Judge. Action by A. E. Wood against Mary U. Pebrsson and others. Judgment for defendants, and plaintiff appeals. An agreed account cannot be impeached except for fraud, mutual mistake, undue influence, or duress.
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Appeal from District Court, Cass county; E. B. Goss, Judge. Action by A. E. Wood against Mary U. Pebrsson and others. Judgment for defendants, and plaintiff appeals. An agreed account cannot be impeached except for fraud, mutual mistake, undue influence, or duress. Montgomery v. Eritz, 7 N. D. ■348, 75 N. W. 266; Lay v. Emery, 8 N. D. 515, 79 N. W. 1053; Hendy v. March, 75 Cal. 566,17 Pac. 702; Klauber v. Wright, 52 Wis. '303, 8 N. W. 893; Christofferson v. Howe, 57 Minn. 67, 58 N. W. .830; Porter v. Price, 26 C. C. A. 70, 49 H. S. App. 295, 80 Eed. 655; Long-Bell Lumber Co. v. Stump, 30 O.…
1Opinion of the CourtFisk, J.
This litigation arose in the district court of Cass county,, and the action is one to foreclose two certain mortgages, one a chattel mortgage dated July 26, 1905, given by defendant Mary H. Pehrsson,, to secure the payment to plaintiff of the sum of $6,077.28 and interest, and the other a real estate mortgage dated January 27, 1905, given by defendants Mary U., Lottie, and Gustave Victor Pehrsson, to secure-the payment to plaintiff of the sum of $5,077.28 and interest; the latter sum being a portion of the indebtedness secured by such chattel' mortgage, and all of such indebtedness being…
2Cases cited6 opinions
- Penfield v. TowerNorth Dakota Supreme Court · 1890
- Hagen v. SacrisonNorth Dakota Supreme Court · 1909
- Lay v. EmeryNorth Dakota Supreme Court · 1899
- Standorf v. ShockleyNorth Dakota Supreme Court · 1907
- In re Ledeich's EstateNew York Supreme Court · 1893
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3Cited by1 opinion
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916