Star Wagon Co. v. Matthiessen
Supreme Court Of The Territory Of Dakota
Appeal from, the District Court of Lawrence County. Tbe facts are stated in tbe opinion. Points and authorities in brief: Tbe motion made by plaintiff for tbe Court to instruct the jury to find a verdict for plaintiff for tbe amount claimed in tbe complaint should have been denied: Wcurdell v. Hughes et al., 3 Wend., 418; Clark v. Dutcher, 9 Oowen, 674; Graham & W. on New Trials, Yol. 1, p. 270, et seq.
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Appeal from, the District Court of Lawrence County. Tbe facts are stated in tbe opinion. Points and authorities in brief: Tbe motion made by plaintiff for tbe Court to instruct the jury to find a verdict for plaintiff for tbe amount claimed in tbe complaint should have been denied: Wcurdell v. Hughes et al., 3 Wend., 418; Clark v. Dutcher, 9 Oowen, 674; Graham & W. on New Trials, Yol. 1, p. 270, et seq. Tbe plea of statute of limitations should have been submitted to tbe jury, it being a question of fact as to tbe residence of tbe parties. Where no denial is made this plea is taken as true,…
1Opinion of the CourtEdgerton, C. J.
This was an action brought in the First District for Lawrence county by the respondent against the appellants. The complaint alleges* that the plaintiff is a corporation duly organized under the laws of Iowa; that at Salt Lake City, Utah, on March 1,1875, the defendants duly executed their promissory note to the plaintiff, promising to pay the plaintiff $700, witli interest at 1 per cent, per month, on or before nine months after date; that *235no part of tlie note has been paid, and that there is now due and owing the plaintiff from the defendants on said note, $700, and interest at 1 per cent,…
2Cited by9 opinions
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
- Howie v. BratrudSouth Dakota Supreme Court · 1901
- McConnell v. SpickerSouth Dakota Supreme Court · 1901
- Depositors Holding Co. v. BrownNorth Dakota Supreme Court · 1933
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