J. R. Watkins Medical Co. v. Payne
North Dakota Supreme Court
Appeal from separate judgments of the District Court of Sargent County, F. J. Gmham, J. “Tbe proof or admission of a signature of a party to an instrument is prima facie evidence that the instrument ■ written over it is his act, and this prima facie evidence will stand as binding proof, unless the maker can rebut it by showing evidence that the alteration was made after delivery.”
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Appeal from separate judgments of the District Court of Sargent County, F. J. Gmham, J. “Tbe proof or admission of a signature of a party to an instrument is prima facie evidence that the instrument ■ written over it is his act, and this prima facie evidence will stand as binding proof, unless the maker can rebut it by showing evidence that the alteration was made after delivery.” Eiley v. Eiley, 9 N. D. 580, 84 N. W. 347; Wilson v. ITayes, 40 Minn. 531; Modie v. Breiland, 9 S. D. 506, 70 N. AY. 637; Foley, etc., Co. v. Solomon (S. D.) 170 N. AY. 639; Cosgrave v. Fanebust, 10 S. D. 213, 72 N.…
1Opinion of the CourtGrace, J.
This action is one by plaintiff to recover upon a bond claimed to have been signed by these defendants as sureties. The case was tried to the court and a jury. The verdict of the jury was in defendants’ favor. Judgment was entered thereon, and from it the plaintiff appeals.
The material facts, briefly stated, are as follows: Plaintiff is a manufacturer of certain medicines, extracts, etc. It is a corporation. *103Its principal place of business is at Winona, Minnesota. It sells its product at wholesale prices to those who will undertake the sale thereof, who are required to confine their sales to…
2Cases cited7 opinions
- Hagler v. StateNebraska Supreme Court · 1891
- Dr. Koch Medical Tea Co. v. PoitrasNorth Dakota Supreme Court · 1916
- Porter v. HardyNorth Dakota Supreme Court · 1901
- Cass County v. American Exchange State BankNorth Dakota Supreme Court · 1900
- J. R. Watkins Medical Co. v. MillerSouth Dakota Supreme Court · 1918
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3Cited by5 opinions
- J.R. Watkins Company v. KeeneyNorth Dakota Supreme Court · 1924
- Grewer v. SchaferNorth Dakota Supreme Court · 1924
- McConnon & Co. v. MenchMichigan Supreme Court · 1926
- J. R. Watkins Co. v. DenbeighWashington Supreme Court · 1925
- Fischer v. LebedoffNorth Dakota Supreme Court · 1932