Legal Opinion

City of Dickinson v. White

North Dakota Supreme Court

Decided June 13, 1913PublishedCited by 14 opinions

Appeal from District Court, Stark County, Crawford, J. From a judgment in plaintiff's favor, defendant, The Northern Trust Company, appeals. The bank purchased the warrant, placed it on its books as a proper •credit, and it could not be charged back. Such transaction was closed, and it constituted payment. Bryan v. First Nat.

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Appeal from District Court, Stark County, Crawford, J. From a judgment in plaintiff's favor, defendant, The Northern Trust Company, appeals. The bank purchased the warrant, placed it on its books as a proper •credit, and it could not be charged back. Such transaction was closed, and it constituted payment. Bryan v. First Nat. Bank, 205 Pa. 7, 54 Atl. 480. A sale is shown where a cheek is accepted as cash, and amount checked out, and pass book afterwards written up without charging back the check. Taft v. Quinsigamond Nat. Bank, 172 Mass. 363, 52 N. E. 387; National Surety Co. v. State Sav.…

1Opinion of the CourtPisk, J.

The city of Dickinson sues to recover against J. S. White, its ex-city treasurer, and against his surety, the Northern Trust Company, upon certain official bonds given by the said White as such city treasurer, it being plaintiff’s contention that the said White defaulted and failed to account for city funds collected and received by him in his said official capacity.

The defendant White was not served with process, and made no appearance in the action, and the Northern Trust Company alone appeals.

A jury was waived and the cause tried to the court, resulting in findings and conclusions…

2Cases cited11 opinions

  1. Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
  2. National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
  3. McMullen v. Winfield Building & Loan Ass'nSupreme Court of Kansas · 1902
  4. County of Pine v. WillardSupreme Court of Minnesota · 1888
  5. Board of Education v. RobinsonSupreme Court of Minnesota · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1924
  2. Clark County v. HowardSouth Dakota Supreme Court · 1931
  3. Mfg. Co. v. . BlaylockSupreme Court of North Carolina · 1926
  4. Stinson v. Board of SupervisorsSupreme Court of Virginia · 1929
  5. Robinson Manufacturing Co. v. BlaylockSupreme Court of North Carolina · 1926

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