Phillips v. Semingson
North Dakota Supreme Court
Appeal from the District Court for Divide County, North Dakota; Leighton, J. Tbe nominal obligee in the bond involved in this case is the state; but, the real obligee and the person for whom the law required the bond to be given is anyone who suffers on account of the breach thereof. Therefore, the plaintiff having been damaged, he becomes the real party in interest. Rev. Codes 1905, § 2247. The bond is given for the benefit of persons dealing with the warehouseman.
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Appeal from the District Court for Divide County, North Dakota; Leighton, J. Tbe nominal obligee in the bond involved in this case is the state; but, the real obligee and the person for whom the law required the bond to be given is anyone who suffers on account of the breach thereof. Therefore, the plaintiff having been damaged, he becomes the real party in interest. Rev. Codes 1905, § 2247. The bond is given for the benefit of persons dealing with the warehouseman. State ex rel. Hart-Parr Co. v. Robb-Lawrence Co. 17 N. D. 257, 16 L.R.A.(N.S.) 227, 115 N. W. 864; 15 Enc. PI. & Pr. 710; Gross…
1Opinion of the CourtBurke, J.
The complaint in this action is too lengthy to be given verbatim, but is substantially as follows: That on the 21st day of September, 1909, one James J. Byder commenced business ás a public warehouse and elevator man in the village of Crosby, North Dakota, and that for the purpose of obtaining the license required by § 2247, Bev. Codes 1905, he furnished a bond signed by the defendants in this action, running to the state of North Dakota in the sum of $5,-*464000. That the bond so given contained the following provision: “Now, therefore, if the said James J. Ryder shall faithfully and…
2Cases cited6 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Terry v. LittleSupreme Court of the United States · 1880
- Guffanti v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Lordi v. People's Surety Co.Appellate Terms of the Supreme Court of New York · 1910
- State v. NewsonSouth Dakota Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Huether v. McCaull-dinsmore Co.North Dakota Supreme Court · 1925
- Piper-Howe Lumber Co. v. PadgettNorth Dakota Supreme Court · 1927
- State ex rel. Reilly v. Farmers Co-Operative Elevator Co.North Dakota Supreme Court · 1918
- State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1935
- United States v. GrainDistrict Court, D. North Dakota · 1957
4 more not listed; retrieve them via the Exa API.