Clow v. Sweeney
North Dakota Supreme Court
Appeal from the District Court of Dickey County, Cooley, J. Action on non-negotiable order. “The order in question not being an unconditional promise or order to pay a certain sum of money not payable on demand or at a fixed or determined future time, or to order or bearer, is not negotiable.” N„ D. Comp. Laws 1913, § 6886. “Failure of consideration is a defense against any person not a holder in due course.” N. D. Comp.
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Appeal from the District Court of Dickey County, Cooley, J. Action on non-negotiable order. “The order in question not being an unconditional promise or order to pay a certain sum of money not payable on demand or at a fixed or determined future time, or to order or bearer, is not negotiable.” N„ D. Comp. Laws 1913, § 6886. “Failure of consideration is a defense against any person not a holder in due course.” N. D. Comp. Laws 1913, §§ 6913, 5881; 8 C. J. p. 331. “The prima facie presumption of consideration is overcome by any testimony on behalf of defendants, however slight, that tends to…
1Opinion of the CourtBronson, J.
The plaintiffs sued the defendants, the appellants herein, upon an order which reads as follows:
Merricourt, N. D., Jan. 2, 1917.
Sweeney & Hyde,
Merricourt, N. D.
Please pay Clow and Hendricks three hundred and thirty dollars $330 upon your collecting that certain note and mortgage held by you against Christ Biederstedt for $2,000 due 11-15-17, a lien on S.W.-j- and N.E.¿ 32 and S.W.¿ 33 — 132—64, Dickey County, N. D.,
The Webb-Stout Company,
By George T. Webb, Y. P.
George T. Webb;.
We accept above order.
Sweeney & Hyde.
The defendants in their answer set up lack of consideration for, and fraudulent…
2Cases cited2 opinions
- Palmer v. PalmerSupreme Judicial Court of Maine · 1914
- Emerson-Brantingham Co. v. BrennanNorth Dakota Supreme Court · 1916
3Cited by3 opinions
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- First National Bank of Minot v. MacDonald Construction Co.North Dakota Supreme Court · 1965
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924