St. Anthony & Dakota Elevator Co. v. County of Cass
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the St. Anthony & Dakota Elevator 'Company against the County of Cass and others'. Judgment for defendants, and plaintiff appeals. ■A sale from any motive is lawful except to defraud creditors, and such motive is not the subject of inquiry. Weimer v. Louisville Water Co., 130 Fed. 244; Robertson v. Carson, 19 Wall. 106 ; Draper v. Hatfield, 124 Mass. 53; Thayer v. Boston, 26 Am.
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Appeal from District Court, Cass county; Pollock, J. Action by the St. Anthony & Dakota Elevator 'Company against the County of Cass and others'. Judgment for defendants, and plaintiff appeals. ■A sale from any motive is lawful except to defraud creditors, and such motive is not the subject of inquiry. Weimer v. Louisville Water Co., 130 Fed. 244; Robertson v. Carson, 19 Wall. 106 ; Draper v. Hatfield, 124 Mass. 53; Thayer v. Boston, 26 Am. Rep. 650. Whether there was a sale, or an agreement for a sale, depends upon the intent of the parties. Tiedman on Sales, section 84; Tufts v. Griwn, 22…
1Opinion of the CourtMorgan, C. J.
This action is brought h> recover judgment for money paid under protest by the plaintiff to' the defendant, for taxes alleged to have been unlawfully assessed against it by the defendant in the year 1897. During that year taxes were assessed upon 35,000 bushels of wheat as owned by the plaintiff and stored in its elevator at Page, in said county. The plaintiff refused to pay said taxes. Thereupon the county regularly proceeded to dis-train its property in said county, and advertised the same for sale for said taxes, and it was offered for sale to pay said taxes. Plaintiff thereupon, and…
2Cases cited4 opinions
- Dinnie v. JohnsonNorth Dakota Supreme Court · 1898
- Reeves & Co. v. BrueningNorth Dakota Supreme Court · 1904
- Waite v. McKelvySupreme Court of Minnesota · 1898
- O'Keefe v. LeistikowNorth Dakota Supreme Court · 1905
3Cited by1 opinion
- Kopald Electric Co. v. Mandan Creamery & Produce Co.North Dakota Supreme Court · 1949