Legal Opinion

National Bank of Commerce v. Pick

North Dakota Supreme Court

Decided February 13, 1904PublishedCited by 17 opinions

Appeal from District Court, McHenry county; Palda, J. Action by the National Bank of Commerce against R. G. Pick. Judgment for defendant and plaintiff appeals. The mere selling of a machine is not doing business in the sense of section 3265, Rev. Codes 1899. Cooper Mfg. Co. v. Ferguson, 113, U. S. 727, 28 L. Ed. 1137; Gilchrist v. Helen, etc., Ry., 47 Fed. Rep. 593; Florsheim Bros.

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Appeal from District Court, McHenry county; Palda, J. Action by the National Bank of Commerce against R. G. Pick. Judgment for defendant and plaintiff appeals. The mere selling of a machine is not doing business in the sense of section 3265, Rev. Codes 1899. Cooper Mfg. Co. v. Ferguson, 113, U. S. 727, 28 L. Ed. 1137; Gilchrist v. Helen, etc., Ry., 47 Fed. Rep. 593; Florsheim Bros. Dry Goods Co. v. Lester, 29 S. W. 34; Colorado Iron Works v. Sierre Grande Mining Co., 25 Pac. 325; Gates Iron Works v. Cohen, 43 Pac. 667. Such interpretation would render it repugnant to the Federal constitution.…

1Opinion of the CourtCochrane, J.

This is an appeal from a judgment. Appellant, a national banking corporation at Minneapolis, Minn., sued as transferee of two promissory notes given by the respondent for the purchase price of a wind stacker bought by him from the Northwestern Wind Straw Stacker Company of Minneapolis, a Minnesota corporation. The defendant, by his answer, admitted the making of the notes to the Northwestern Wind Stacker Company and denied the other allegations of the complaint; averred, that the notes were *77given for the purchase price of a Maple Bay Farmers’ Friend Automatic Wind Straw Stacker, bought upon…

2Cases cited17 opinions

  1. Merrill v. HurleySouth Dakota Supreme Court · 1895
  2. First National Bank v. FlathNorth Dakota Supreme Court · 1901
  3. Vickery v. BurtonNorth Dakota Supreme Court · 1896
  4. Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
  5. McKenzie v. Bismarck Water Co.North Dakota Supreme Court · 1897

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3Cited by17 opinions

  1. State Bank of Chicago v. HollandTexas Supreme Court · 1910
  2. Nevland v. NjustNorth Dakota Supreme Court · 1952
  3. Twentieth Street Bank v. JacobsWest Virginia Supreme Court · 1914
  4. Grove v. Great Northern Loan Co.North Dakota Supreme Court · 1908
  5. Credit Industrial Company v. Happel, Inc.Supreme Court of Iowa · 1960

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