Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen41North 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, 1921 |
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Página 29
... contract is an agreement or a consideration to do or not to do a par- ticular thing , and a contract of release from a note is precisely the same as any other contract . Otto Thress had sold the property to the makers of the note , and ...
... contract is an agreement or a consideration to do or not to do a par- ticular thing , and a contract of release from a note is precisely the same as any other contract . Otto Thress had sold the property to the makers of the note , and ...
Página 31
... contract , and issue to the plaintiff a new contract for deed covering the premises . It also appears that at the time of taking over such contract to such land by Hill to McLachlin , and the issuance of the new contract by Hill to ...
... contract , and issue to the plaintiff a new contract for deed covering the premises . It also appears that at the time of taking over such contract to such land by Hill to McLachlin , and the issuance of the new contract by Hill to ...
Página 32
... contract from Hill to the plaintiff , and sets forth that the consideration of such contract was $ 6,720 , made up of the amount owing McLachlin plus $ 647.76 of the other indebtedness owing from plaintiff to Hill . In addition to this ...
... contract from Hill to the plaintiff , and sets forth that the consideration of such contract was $ 6,720 , made up of the amount owing McLachlin plus $ 647.76 of the other indebtedness owing from plaintiff to Hill . In addition to this ...
Página 33
... contract at the time it was taken over by Hill . At that time , the contract that had existed between Mc- Lachlin and Herold was figured up and when $ 647.76 of plaintiff's other indebtedness was added to the balance estimated to be due ...
... contract at the time it was taken over by Hill . At that time , the contract that had existed between Mc- Lachlin and Herold was figured up and when $ 647.76 of plaintiff's other indebtedness was added to the balance estimated to be due ...
Página 34
... contract wherein Herold agreed to pay the balance due upon the new contract which had been ascertained , to which had been added a certain portion of plaintiff's indebtedness to which we have above referred . There ap- pearing to be no ...
... contract wherein Herold agreed to pay the balance due upon the new contract which had been ascertained , to which had been added a certain portion of plaintiff's indebtedness to which we have above referred . There ap- pearing to be no ...
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Términos y frases comunes
affidavit affirmed alleged amount answer appeal assessment attorney cars Cass county cause of action CHRISTIANSON Citizens State Bank claim collateral Comp Compiled Laws 1913 complaint concur consideration contract contributory negligence corporation county seat creditors crop damages deed defendant defendant's denied directed verdict district court duty elevators entitled error evidence ex rel executed fact foreclosure fraud furnished Grain Company Grand Forks County Gribbin-Alair Harvester Company injury interest International Harvester Company Interstate Commerce Interstate Commerce Commission Iowa Judge judgment jury land Largent Larson liability ment Minn mortgage motion negligence North Dakota Norton notice paid party payment person petition plaintiff Powell primary election purchase question railroad reason received record recover Rehearing respondent Stafne statute statutory Steele county supra surety testified testimony thereof Thress tion trial court verdict Ward County witness
Pasajes populares
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 370 - ... thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent...
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.