Great Western Life Assurance Co. v. Shumway
North Dakota Supreme Court
Appeal from District Court, Ramsey County; John F. Cowan, J. From a judgment in defendants’ • favor, dismissing the action, plaintiff appeals. The objections to the evidence contained in the depositions yere • not well tafeen. No exceptions having been filed prior to the time of trial, only objections which went to the competency and relevancy of the testimony could be urged. Rev. Codes, § 7288; Anderson v. First Nat.
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Appeal from District Court, Ramsey County; John F. Cowan, J. From a judgment in defendants’ • favor, dismissing the action, plaintiff appeals. The objections to the evidence contained in the depositions yere • not well tafeen. No exceptions having been filed prior to the time of trial, only objections which went to the competency and relevancy of the testimony could be urged. Rev. Codes, § 7288; Anderson v. First Nat. Bank, 6 N. D. 497, 72 N. W. 916; Ueland v. Dealy, 11 N. D. 529, 89 N. W. 325. The witness Jordine did not qualify to enable him to testify to an account. The manner of keeping…
1Opinion of the CourtFisk, J.
Action to recover on a bond executed and delivered by respondents to plaintiff, Great Western Life Assurance Company, conditioned for the payment to it of any moneys which at any time may be due and owing to plaintiff from one A. H. Shumway, appellant’s agent, whom it duly appointed to solicit life insurance at Devils Lake and vicinity. The said Shumway, principal in such bond, made no appearance in the action, nor ivas he present at the trial. The execution and delivery of the bond sued on is expressly admitted by the ansiver, and practically the only evidence offered at the trial was in the…
2Cases cited5 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Paola Gas Co. v. Paola Glass Co.Supreme Court of Kansas · 1896
- Anderson v. First National BankNorth Dakota Supreme Court · 1897
- Ueland v. DealyNorth Dakota Supreme Court · 1903
- Isbell v. WhalenSouth Dakota Supreme Court · 1910
3Cited by6 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Dr. R. D. Eaton Chemical Co. v. DohertyNorth Dakota Supreme Court · 1915
- Dietrich v. Dr. Koch Vegetable Tea Co.Supreme Court of Oklahoma · 1916
- Kaye v. TaylorNorth Dakota Supreme Court · 1914
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