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 |
Dentro del libro
Resultados 1-5 de 99
Página 6
... grounds , set out in the affirmative defense . The motion was granted . Judgment was entered dismissing the action and plaintiff appeals . Plaintiff predicates its right to recover upon § 4707 , Comp . Laws 1913 , which provides ...
... grounds , set out in the affirmative defense . The motion was granted . Judgment was entered dismissing the action and plaintiff appeals . Plaintiff predicates its right to recover upon § 4707 , Comp . Laws 1913 , which provides ...
Página 21
... ground along the railroad upon which he could not get the right of way for the telephone line and that it would have to be changed ; and at that meeting Mr. Burch said , " Run it up along the line and bring it down , " and that Anderson ...
... ground along the railroad upon which he could not get the right of way for the telephone line and that it would have to be changed ; and at that meeting Mr. Burch said , " Run it up along the line and bring it down , " and that Anderson ...
Página 33
... ground that the accounts were not kept in as good order from the standpoint of bookkeeping as they might have been , nor by the further fact that the transactions between the parties were many . It seems that a fairly good record of a ...
... ground that the accounts were not kept in as good order from the standpoint of bookkeeping as they might have been , nor by the further fact that the transactions between the parties were many . It seems that a fairly good record of a ...
Página 45
... defendant demurred to the complaint on the ground that the same does not state facts sufficient to constitute a cause of action . The plaintiff came within what was denominated Class A by the DINNIE v . UNITED COMMERCIAL TRAVELERS 45.
... defendant demurred to the complaint on the ground that the same does not state facts sufficient to constitute a cause of action . The plaintiff came within what was denominated Class A by the DINNIE v . UNITED COMMERCIAL TRAVELERS 45.
Página 54
... ground that it does not state facts sufficient to constitute a cause of action on the ground that the action is barred by a contractual limitation of six months . The complaint avers that the defendant is a fraternal benefit association ...
... ground that it does not state facts sufficient to constitute a cause of action on the ground that the action is barred by a contractual limitation of six months . The complaint avers that the defendant is a fraternal benefit association ...
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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.