Casement v. Callaghan
North Dakota Supreme Court
From a judgment of the County Court of Ward County, Murray, J.,' plaintiff appeals. Respondent executed and delivered the note sued upon while he was a minor over the age of eighteen years. The contract was subject to repudiation and disaffirmance upon his restoring the consideration received by him or by paying its equivalent with interest. Comp. Laws 1913, § 4340. The contract was merely voidable.
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From a judgment of the County Court of Ward County, Murray, J.,' plaintiff appeals. Respondent executed and delivered the note sued upon while he was a minor over the age of eighteen years. The contract was subject to repudiation and disaffirmance upon his restoring the consideration received by him or by paying its equivalent with interest. Comp. Laws 1913, § 4340. The contract was merely voidable. Luce v. Jestrab, 12 N. D. 548, 97 N. W. 848. There is no question of estoppel here involved on account of retention of the consideration or the benefits of the contract by defendant, after his…
1Opinion of the CourtChristianson, J.
This action was brought to recover upon a promissory note for $400, executed and delivered by the defendant to one Ed King, on August 3, 1908, and by its terms payable to said Ed King, on November 1st, 1908, with interest at 12 per cent per annum.
The complaint is in the usual form, and alleges that plaintiff is the owner and holder of the note. The defendant in his answer admits the execution and delivery of said note as alleged in the complaint; but denies any knowledge or information sufficient to form a belief as to *29whether plaintiff is the owner of the note, and alleges that if he is such…
2Cases cited1 opinion
- Luce v. JestrabNorth Dakota Supreme Court · 1903
3Cited by4 opinions
- In re the Guardianship of CampbellNorth Dakota Supreme Court · 1927
- Moran v. Williston Cooperative Credit UnionNorth Dakota Supreme Court · 1988
- Re CampellNorth Dakota Supreme Court · 1927
- Southern Acceptance Corporation v. KeySupreme Court of Oklahoma · 1964