Aamoth v. Hunter
North Dakota Supreme Court
Appeal from the District Court of Steele County, Polloclc, J., awarding judgment for plaintiff. “To constitute notice of an infirmity in the instrument, or defect in' the title of the person negotiating same, the person to whom it is negotiated must have had actual knowledge of such infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.” Comp. Laws 1913, § 6358; American Nat.
Read the full summary
Appeal from the District Court of Steele County, Polloclc, J., awarding judgment for plaintiff. “To constitute notice of an infirmity in the instrument, or defect in' the title of the person negotiating same, the person to whom it is negotiated must have had actual knowledge of such infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.” Comp. Laws 1913, § 6358; American Nat. Bank v. Lundy, 21 N. D. 173, 129 N. W. 99; Eirst Nat. Bank v. Elath, 10 N. D. 281, 86 N. W. 867; Bothell v. Schweitzer, 81 Neb. 271, 22 L.R.A.(N.S.) 263, 133 Am.…
1Opinion of the CourtGoss, J.
Action at law upon a promissory note, alleging its purchase by plaintiff in due course for a valuable consideration and without notice of defenses. The answer admits the genuineness of the signature of defendant upon the note, but by way of defense alleges that when given the same was payable to “Beeson & Foley,” and not as the note now appears payable “to the order of H. A. Beeson.” “That defendant refused to sign said note until the words, ‘the order of,’ im*585mediately preceding tbe name ‘Beeson & Foley/ were stricken out, and tbat before defendant did sign said alleged note tbe said words…
2Cases cited8 opinions
- Wettlaufer v. BaxterCourt of Appeals of Kentucky · 1910
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Gilley v. HarrellTennessee Supreme Court · 1906
- American National Bank v. LundyNorth Dakota Supreme Court · 1910
- Fulton v. VarneyAppellate Division of the Supreme Court of the State of New York · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Foley v. HardySupreme Court of Kansas · 1927
- Oltarsh v. Turf Broadway, Inc.City of New York Municipal Court · 1958
- General Motors Acceptance Corp. v. GarrardIdaho Supreme Court · 1925