Swallow v. First State Bank
North Dakota Supreme Court
From a judgment of the District Court of Hettinger County, Crawford, J., defendant appeals. In a special verdict, the question, “Did the plaintiff make a tender of the full amount due on the note and secured by the mortgage f’merely calls for a conclusion of law, and not one of fact. Comp.
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From a judgment of the District Court of Hettinger County, Crawford, J., defendant appeals. In a special verdict, the question, “Did the plaintiff make a tender of the full amount due on the note and secured by the mortgage f’merely calls for a conclusion of law, and not one of fact. Comp. Laws 1913, § 7632; Eussell v. Meyer, 7 N. D. 335, 47 L.E.A. 637, 75 N. W. 262; Lathrop v. Fargo-Moorhead Street E. Co. 23 N. D. 246, 136 N. W. 88. The defendant may at the time of a tender merely object to the form thereof. This is sufficient. Comp. Laws 1913, § 5816. The statute is not regarded as imposing…
1Opinion of the CourtChristianson, J.
This is an action to recover the penalties allowed under the statute for, and the actual damages which plaintiff- asserts that he has sustained by, defendant’s refusal and neglect to satisfy two *613certain, mortgages upon chattels and real estate. TJpon the demand of the defendant, the case was submitted to a jury for a special verdict. Judgment was ordered and entered against defendant upon such special verdict, and this appeal is from such judgment.
Plaintiff’s complaint originally set forth five different causes of action, — two causes of action for the statutory penalties and the actual…
2Cases cited10 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Russell v. MeyerNorth Dakota Supreme Court · 1898
- Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Horton v. Wright, Barrett, & Stilwell Co.North Dakota Supreme Court · 1919
- Schmidt ex rel. Schmidt v. StoneNorth Dakota Supreme Court · 1923
- Asch v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1922
- Resolution Trust Corp. v. GosbeeNorth Dakota Supreme Court · 1995
4 more not listed; retrieve them via the Exa API.