First National Bank v. Mensing
North Dakota Supreme Court
Appeal from District Court of McIntosh County, Graham, .J. “The law presumes that all acts are done in good faith,” 10 R. C. L. 875. “In the ordinary transactions of life, fairness and honesty are presumed, and conveyances, sales, and contracts are generally presumed to have been made in good faith until the contrary is proven.” Jones, Ev.
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Appeal from District Court of McIntosh County, Graham, .J. “The law presumes that all acts are done in good faith,” 10 R. C. L. 875. “In the ordinary transactions of life, fairness and honesty are presumed, and conveyances, sales, and contracts are generally presumed to have been made in good faith until the contrary is proven.” Jones, Ev. Pock. ed. § 13. * “Evidence of fraud will not prevail over the presumption of honesty unless established by irresistible evidence of double dealings.” Snow v. Wathen, 127 App. Div. 948, 112 N. Y. Supp. 41. “The party alleging fraud must prove the same by…
1Opinion of the CourtBirdzell, J.
In December, 1911, the Union State Bank of Ashley, North Dakota, obtained a judgment against William H. Mensing and Prudie W. Mensing, his wife, for $2,115.45. Execution was promptly levied upon property of the judgment debtors, and it was sold for $1,340.35, which amount was credited on the judgment, leaving a balance of $775.10. The plaintiff herein, the Eirst National Bank of Ashley, is the successor of the judgment creditor and owner of the judgment. This action was brought against the judgment debtors and Elizabeth Mensing, a daughter, for the purpose of subjecting to the lien of the…
2Cases cited12 opinions
- City of Louisville v. LeathermanCourt of Appeals of Kentucky · 1896
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
- Flynn v. BaisleyOregon Supreme Court · 1899
- Steinfort v. LanghoutSupreme Court of Iowa · 1915
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- Merchants Nat. Bank v. ArmstrongNorth Dakota Supreme Court · 1926
- Finch, Van Slyke & McConville v. StyerNorth Dakota Supreme Court · 1924
- Holden v. WalkerNorth Dakota Supreme Court · 1933
- Merchants National Bank of Willow City v. ArmstrongNorth Dakota Supreme Court · 1926
9 more not listed; retrieve them via the Exa API.