Advance-Rumely Thresher Co. v. Geyer
North Dakota Supreme Court
Appeal from the District Court of Towner County, North Dakota, Honorable C. W. Buttz, Judge. Judgment of the trial court modified, with costs. Every holder of a negotiable instrument is deemed prima facie to be a holder in due course, unless the title of the holder is shown to be defective, as defined by the Code. There is no claim here that the title of plaintiff is defective. Civ.
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Appeal from the District Court of Towner County, North Dakota, Honorable C. W. Buttz, Judge. Judgment of the trial court modified, with costs. Every holder of a negotiable instrument is deemed prima facie to be a holder in due course, unless the title of the holder is shown to be defective, as defined by the Code. There is no claim here that the title of plaintiff is defective. Civ. Code, §§ 6940, 6944. In the purchase of machinery where there is a written warranty and also provisions as to giving notice by the purchaser, upon which the warranty is based, his failure to give the notice as…
1DissentChristianson, J.
I anx unable to agree with the conclusions reached by my associates in this case, _ for the following reasons: The If. Bumely Company was a manufacturing corporation. The Rumely Products Company was a corporation organized for the purpose of purchasing and selling agricultural implements. And while the latter company handled some of the goods manufactured by the M. Rumely Company, it also handled goods manufactured by other companies. The undisputed evidence is to the effect that the two corporations were entirely distinct and separate. That they were organized by different men. That the…
2Cases cited9 opinions
- McPherrin v. TittleSupreme Court of Oklahoma · 1913
- Hakes v. ThayerMichigan Supreme Court · 1911
- Dollar Saving & Trust Co. v. CrawfordWest Virginia Supreme Court · 1911
- American National Bank v. LundyNorth Dakota Supreme Court · 1910
- Bank of Sampson v. HatcherSupreme Court of North Carolina · 1909
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