Fleming v. Sherwood
North Dakota Supreme Court
Appeal by plaintiff from a judgment of the District Court for Cass County, Pollock, J., in defendant’s favor in an action on a promissory note. Statement by Beuce, J. Early in May, 1908, one II.
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Appeal by plaintiff from a judgment of the District Court for Cass County, Pollock, J., in defendant’s favor in an action on a promissory note. Statement by Beuce, J. Early in May, 1908, one II. Q. Turner, a collecting agent for Fetzer & Company, telephoned from Fargo to defendant, a farmer at Verona, that in settling up the Fetzer & Company business in North Dakota he had two drills which he proposed to sell the defendant for $50. It was agreed that the drills should be delivered to the defendant at Verona, North Dakota, in the June, following. A note dated May 12, 1908, was sent by Turner…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Many errors are assigned by the plaintiff and appellant. The principal error, however, is that alleged to have been committed by the trial court in holding that the note in controversy was not negotiable. If this question is determined adversely to the plaintiff and appellant, it practically disposes of the remainder of the assignments, and the judgment of the lower court should be sustained.
We are of the opinion that the note was not negotiable. The question before us is an exceedingly difficult one to determine, as are usually all questions which involve…
2Cases cited25 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Houston v. FarrisSupreme Court of Alabama · 1882
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- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Howard v. SimpkinsSupreme Court of Georgia · 1883
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