Stutsman County v. Dakota Trust Co.
North Dakota Supreme Court
Appeal from judgment in favor of tbe plaintiff in District Court Stutsman County, Ooffey, J. Statement. Bronson, J. This is an action upon a surety bond. Tbe defendant has appealed from a judgment in favor of tbe plaintiff. Tbe defendant terms tbis action a friendly lawsuit. A question of law alone is involved. Tbis question was presented to this court heretofore by certification, but jurisdiction was declined by reason of the manner in which certification was made.
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Appeal from judgment in favor of tbe plaintiff in District Court Stutsman County, Ooffey, J. Statement. Bronson, J. This is an action upon a surety bond. Tbe defendant has appealed from a judgment in favor of tbe plaintiff. Tbe defendant terms tbis action a friendly lawsuit. A question of law alone is involved. Tbis question was presented to this court heretofore by certification, but jurisdiction was declined by reason of the manner in which certification was made. See Stutsman County v. Dakota Trust Co. 45 N. D. 451, 178 N. W. 725. Tbe facts are stipulated. Therefrom it appears that the…
1Opinion of the CourtBronson, J.
(after stating the facts as above). It is evident that the bank under its contract was obligated to maintain, subject to demand, the county deposits, and to pay interest thereon monthly, on demand, upon the daily average balances, per month. The payment of interest on such daily balances was a mere incident to the main obligation to maintain these deposits of the county subject to demand. When the bank became insolvent, these demand deposits, including the accrued interest, no longer could be paid upon demand. There then arose a breach of the bond given by the defendant to the plaintiff, to…
2Cases cited6 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Fidelity & Deposit Co. v. Wilkinson CountyMississippi Supreme Court · 1915
- Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
- Long v. American Surety Co.North Dakota Supreme Court · 1912
- City of Dickinson v. WhiteNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- In Re American Bank Trust Co. of ArdmoreSupreme Court of Oklahoma · 1936
- Halstead v. Missouri Slope Land & Investment Co.North Dakota Supreme Court · 1922
- Guilford School District No. 3 v. Dakota Trust Co.North Dakota Supreme Court · 1921
- Guilford School District No. 3 v. Dakota Trust Co.North Dakota Supreme Court · 1921