Emerson-Brantingham Co. v. Brennan
North Dakota Supreme Court
Action to recover on a promissory note. Appeal from tbe District Court of Ramsey County, O. W. Buttz, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an. action, brought by the assignee of a promissory note to recover against the maker thereof.
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Action to recover on a promissory note. Appeal from tbe District Court of Ramsey County, O. W. Buttz, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an. action, brought by the assignee of a promissory note to recover against the maker thereof. The amended, complaint alleged: “(1) That the plaintiff now is and at all the times hereinafter mentioned has been a corporation duly organized and existing under and by virtue of the laws of the state of Illinois, and licensed to transact business within the state of North Dakota. “(2) That heretofore and for…
1Opinion
On Petition for Rehearing filed October 12, 1916.
Bruce, J.
A petition for rehearing has been filed in which, among other things, it is claimed that the decision of the court is based upon “the fact wrongly assumed, that the matter set forth in the answer constitutes what is known as a recoupment.” It is claimed that there is no allegation in the answer that any of the transactions mentioned in the answer formed the consideration of the note, and that the record also negatives this fact.
We think, however, counsel is in error in so far at least as the record is concerned. This seems to disclose…
2Cases cited1 opinion
- Christofferson v. WeeNorth Dakota Supreme Court · 1913