Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen41
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1921
Comentarios de la gente - Escribir un comentario
No encontramos ningún comentario en los lugares habituales.
Otras ediciones - Ver todas
action affirmed agreed alleged amount answer appeal application assessment attorney authority Bank brought cars cause charge claim commerce commission Comp Company complaint condition consideration Constitution construction contract corporation crop damages deed defendant defendant's denied determine direct District Court duty effect entered entitled error establish evidence examination executed existence fact filed findings follows furnished further give given grain granted ground held injury interest involved issued Judge judgment jury land liability material matter mortgage motion necessary negligence North Dakota Norton notice opinion original paid party payment person plaintiff possession presented proceedings proper purchase question reason received record recover reference respondent result rule signed statute sufficient surety taken testified testimony thereof tion trial court verdict witness
Página 592 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Página 286 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Página 140 - Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
Página 207 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 434 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Página 395 - In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken : 3.
Página 208 - Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.
Página 446 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.
Página 286 - By the intentional cancellation of his signature by the holder. "(3) By the discharge of a prior party. "(4) By a valid tender of payment made by a prior party. "(5) By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved.