Anderson v. First National Bank
North Dakota Supreme Court
Appeal from judgment of the District Court of the First Judicial District; Fisk, J. Action by Alexander Anderson against the First National Bank of Grand Forks, N. D. Judgment for plaintiff and defendant appeals. Defendant’s exceptions and motion to suppress the deposition of Anderson were taken in time, defendant not having appeared at the time the same was taken §§ 5682, 5687 and 5688, Rev. Codes.
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Appeal from judgment of the District Court of the First Judicial District; Fisk, J. Action by Alexander Anderson against the First National Bank of Grand Forks, N. D. Judgment for plaintiff and defendant appeals. Defendant’s exceptions and motion to suppress the deposition of Anderson were taken in time, defendant not having appeared at the time the same was taken §§ 5682, 5687 and 5688, Rev. Codes. Holt v. Van Eps, 1 Dak. 209, was decided under § 1875 Civil Code of 1866, which differed materially from § 5012 Rev. Codes. Such rule conflicts with the provisions of § § 5014 and 5015 Rev. Codes;…
1Opinion of the CourtCorliss, C. J.
This cause having been tried four times in the District Court is before us a fourth time on appeal. On the last trial the trial court directed a vex'dict for plaintiff for the amount due upon the notes at the time of their conversion by defendant, less the sum which had been paid by defendant to plaintiff by a remittance to plaintiff on the theory that it was remitting the proceeds of a sale thereof by defendant as agent for plaintiff. In its main features the case is practically the same as on the last appeal. There is only a slight difference in the facts, none calling for any change of…
2Cases cited4 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Anderson v. First Nat'l BankNorth Dakota Supreme Court · 1896
- Barrington v. Bank of WashingtonSupreme Court of Pennsylvania · 1826
3Cited by19 opinions
- Tallackson Potato Co., Inc. v. MTK Potato Co.North Dakota Supreme Court · 1979
- Metcalf v. Security International Insurance Co.North Dakota Supreme Court · 1978
- Moorhead Construction Co., Inc., a Corporation, Appellee-Cross-Appellant v. City of Grand Forks, a Municipal Corporation, Appellant-Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1975
- Durand v. PrestonSouth Dakota Supreme Court · 1910
- Inter-State Finance Corp. v. Commercial Jewelry Co.Illinois Supreme Court · 1917
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