Security Bank v. Kingsland
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by the Security Bank of Minnesota against John P. Kingsland and others on notes. There was a verdict for plaintiff, and from an order granting a new trial plaintiff appeals. ' A denial that plaintiff is the owner and holder of the notes in suit, raises no issue. It does not meet the allegation of endorsement upon which plaintiffs title depends. Poorman v. Mills & Co., 35 Cal.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by the Security Bank of Minnesota against John P. Kingsland and others on notes. There was a verdict for plaintiff, and from an order granting a new trial plaintiff appeals. ' A denial that plaintiff is the owner and holder of the notes in suit, raises no issue. It does not meet the allegation of endorsement upon which plaintiffs title depends. Poorman v. Mills & Co., 35 Cal. I2i; Wedderspoon v. Rodgers, 32 Cal. 569; Fleury v. Rodgers, 9 How. Pr. 215; Sherman v. Bushnell, 7 How. Pr. 171; Caswell v. Bushnell, 14 Barb. 393.…
1Opinion of the CourtWallin, C. J.
The facts necessary to the decision of this case may be stated as follows: The action is upon two promissory notes, each dated July 28, 1892, and falling due in one year from its date/ The notes were payable to the order of the Universal Gas & Construction Company, and were delivered to the payee by delivering the same to ,one E. S. Austin. The payee named in the notes was a corporation organized under the laws of the *265State of-Illinois, and when said notes were executed and delivered it was engaged in business at Minneapolis, in the State of Minnesota. Said E. S. Austin was the secretary and…
2Cases cited6 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
- Roberts v. HallSupreme Court of Connecticut · 1870
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3Cited by3 opinions
- Vickery v. BurtonNorth Dakota Supreme Court · 1896
- Fisher v. National Mortgage Loan Co.Nebraska Supreme Court · 1937
- Northwestern Fire & Marine Insurance v. LoughNorth Dakota Supreme Court · 1904