Reports of Cases Decided in the Supreme Court of the State of North Dakota, Band 32
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1916
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action affirmed agreed agreement alleged allowed amount answer appeal application asked assessment assignment attorney authority Bank bill cause charge cited claim collection Comp Company complaint conclusion condition consideration considered constitutional continuance contract counsel damages deed defendant defendant's denied district effect entered error evidence executed existence fact Fargo filed findings follows fraud further give given granted ground held holding instructions interest Iowa issue judge judgment jury land letter lien limit matter Minn mortgage motion necessary North notice objection offered opinion paid party payment person plaintiff possession present proof prove purchase question railroad reason received record returned rule secured statement statute sufficient sustained taken testified testimony thereof tion trial court verdict witness
Seite 555 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Seite 363 - The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
Seite 200 - ... a question of fact for the jury, and not of law for the court.
Seite 334 - Any alteration which changes: 1. The date. 2. The sum payable, either for principal or interest. 3. The time or place of payment. 4. The number and the relations of the parties. 5. The medium or currency in which payment is to be made. Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Seite 472 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Seite 541 - Each stockholder in any corporation [excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business shall be liable to the amount of stock held or owned by him.
Seite 554 - The cause was tried to a jury, and at the close of the evidence...
Seite 408 - A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.
Seite 586 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.