Cass County v. American Exchange State Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the County of Cass against the American Exchange State Bank of Buffalo and others. Judgment for defendants, and plaintiff appeals. Plaintiff proved the execution and delivery of the bond in suit, but it was refused admission in evidence because of an alteration or erasure appearing on its face.
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Appeal from District Court, Cass County; Pollock, J. Action by the County of Cass against the American Exchange State Bank of Buffalo and others. Judgment for defendants, and plaintiff appeals. Plaintiff proved the execution and delivery of the bond in suit, but it was refused admission in evidence because of an alteration or erasure appearing on its face. This was error, because the presumption was that the alteration was made before delivery and the defendants had the burden of showing that such alteration was made after delivery. Hagen v. Ins. Co., 46 N. W. Rep. 1114; Wilson v. Hayes, 40…
1Opinion of the CourtBartholomew, C. J.
The defendant the American Exchange State Bank of Buffalo, pursuant to the provisions of article 8, chapter 26, Pol. Code, became a depository of county funds for the plaintiff county. For the proper security of said deposits, said defendant executed its bond to said county, with all the other defendants as sureties thereon. The bank failed to pay over the funds deposited as b}? said bond it was required to do, and this action is on the bond, to recover the balance unaccounted for. The bank made default, as did the defendants Bayley and Moug. The^other defendants answered, setting up, in…
2Cases cited4 opinions
- Smith v. United StatesSupreme Court of the United States · 1865
- Wilson v. HayesSupreme Court of Minnesota · 1889
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- State v. CraigSupreme Court of Iowa · 1882
3Cited by6 opinions
- Picton v. County of CassNorth Dakota Supreme Court · 1904
- J. R. Watkins Medical Co. v. PayneNorth Dakota Supreme Court · 1920
- Hilleboe v. WarnerNorth Dakota Supreme Court · 1908
- Okamura v. KaulaniHawaii Supreme Court · 1915
- Cass County v. American Exchange State BankNorth Dakota Supreme Court · 1902
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