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, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor Lawyers Co-operative Publishing Company, 1921 |
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Página 20
... Anderson contended that he would not put up his note until he got the phone . Mr. Burch further testifies that Anderson finally agreed to take the note ( which had been previously executed ) to the bank and that 20 41 NORTH DAKOTA REPORTS.
... Anderson contended that he would not put up his note until he got the phone . Mr. Burch further testifies that Anderson finally agreed to take the note ( which had been previously executed ) to the bank and that 20 41 NORTH DAKOTA REPORTS.
Página 21
... testified further : " Q. Now , isn't it a fact , Mr. Anderson , that the company wouldn't consent to any of this change of route until after Carl Anderson came in and agreed to pay the extra money ? Isn't that a fact ? A. He came in ...
... testified further : " Q. Now , isn't it a fact , Mr. Anderson , that the company wouldn't consent to any of this change of route until after Carl Anderson came in and agreed to pay the extra money ? Isn't that a fact ? A. He came in ...
Página 22
... testified that one of the Andersons came to him and asked him to supply a man for that purpose and that he refused " in an indirect way to supply the man . " The testimony of Oscar An- derson throws some light upon Shuman's answer ...
... testified that one of the Andersons came to him and asked him to supply a man for that purpose and that he refused " in an indirect way to supply the man . " The testimony of Oscar An- derson throws some light upon Shuman's answer ...
Página 27
... testified to the selling of his interest in the property to his partner , Frederick . He testified to this transaction as taking place in Thress ' office , and stated the time was the 14th day of June , 1911. His testimony shows that ...
... testified to the selling of his interest in the property to his partner , Frederick . He testified to this transaction as taking place in Thress ' office , and stated the time was the 14th day of June , 1911. His testimony shows that ...
Página 28
... exclu- sive judges of the facts , and , in this case , must have determined that the note was not sold , assigned , or delivered to Asa Gardner before maturity , and that the agreement , testified to by 28 41 NORTH DAKOTA REPORTS.
... exclu- sive judges of the facts , and , in this case , must have determined that the note was not sold , assigned , or delivered to Asa Gardner before maturity , and that the agreement , testified to by 28 41 NORTH DAKOTA REPORTS.
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acre affidavit affirmed alleged amount answer appeal assessment attorney Bank Burleigh County cars Cass County Citizens State Bank claim coal Comp Compiled Laws 1913 complaint concur Constitution contract corporation county seat crop damages deed defendant defendant's denied directed verdict District Court duty entitled evidence ex rel executed fact fraud furnished garnishment Grain Company Grand Forks County Harvester Company held injury interest International Harvester Company interstate commerce Interstate Commerce Commission issued Judge judgment jurisdiction jury land Largent liability lien ment Minn mortgage motion negligence North Dakota Norton notice Opinion filed paid party payment person petition plaintiff proceedings promissory note purchase question railroad reason record recover Rehearing respondent rule statute statutory Steele county Supreme Court surety tax commission testified testimony thereof tion trial court vaccination 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.