Wegner v. First National Bank
North Dakota Supreme Court
Action to recover for wrongful delivery of a cashier’s bank check sent to the defendant hank with a letter of instructions. From an order of District Court, Cass County, Cole, J., overruling a demurrer, defendant appeals. An obligation on the part of a bank relating to the guaranty of performance of a contract with a third party in which the bank has no interest is ultra vires, and not binding upon the bank except for benefits actually received.
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Action to recover for wrongful delivery of a cashier’s bank check sent to the defendant hank with a letter of instructions. From an order of District Court, Cass County, Cole, J., overruling a demurrer, defendant appeals. An obligation on the part of a bank relating to the guaranty of performance of a contract with a third party in which the bank has no interest is ultra vires, and not binding upon the bank except for benefits actually received. International Harvester Co. v. Upham (N. D.) 166 N. W. 507; Cottondale Bank v. Oskham Nolte Co. 59 So. 566; Third Nat. Bank v. Savings Bank, 244 Mo.…
1Opinion of the CourtBronson, J.
This is an appeal from an order overruling a demurrer to the complaint. The facts as they appear from the complaint are substantially as follows:
In October, 1914, the deceased Wegner, of whose estate the plaintiff is executrix, contracted to purchase from the Northern Trading *401Company certain land in McHenry county, for $4,500, $2,000 being paid in cash, and the balance, $2,500, to be paid on March 1, 1915,' when a warranty deed and an abstract of title was to be given, showing the land free and clear' from all liens and encumbrances. Later, when an abstract of title was furnished, a trust…
2Cases cited9 opinions
- First National Bank v. HenrySupreme Court of Alabama · 1905
- Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
- Gregg v. Bank of ColumbiaSupreme Court of South Carolina · 1905
- Sykes v. First National BankSouth Dakota Supreme Court · 1891
- American National Bank v. PresnallSupreme Court of Kansas · 1897
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3Cited by2 opinions
- Stockmen's Nat. Bank of Casper v. RichardsonWyoming Supreme Court · 1933
- Brandenburg v. First National BankNorth Dakota Supreme Court · 1921