Grover v. Muralt
| Citation | 137 N.W. 830,23 N.D. 576 |
| Parties | GROVER v. MURALT |
| Decision Date | 23 September 1912 |
| Court | North Dakota Supreme Court |
Appeal by defendant from a judgment of the District Court for Ransom County, Allen, J., in plaintiff's favor in an action on a promissory note.
Affirmed.
T. A Curtis and C. O. Heckle, of Lisbon, for plaintiff and respondent.
A. C Lacy, of Fargo, for defendant and appellant.
This is an appeal from a judgment in favor of plaintiff in an action upon a promissory note. A jury was impaneled, and when both parties rested, motions were submitted by plaintiff and defendant respectively for directed verdicts, whereupon the court discharged the jury and made findings of fact and conclusion of law upon which judgment was entered. While the record is brief, a great number of errors are assigned. They need not be considered in detail, as our conclusion covers all the assignments which are material. The complaint alleges that on or about the 7th of March, 1908, defendant made executed, and delivered to the Northwestern Inteurban Railway Company his promissory note in writing for the sum of $ 260 whereby he promised to pay to the order of said company said sum, nine months after said date, with interest before and after maturity at the rate of 6 per cent per annum; that in the regular course of business, in good faith, without notice, on April 8, 1908, before maturity, the plaintiff purchased such note, which was duly assigned to him, and that plaintiff then and there paid a valuable consideration therefor; that he is, and ever since has been, the owner thereof; and that no part of it has been paid.
The answer denies each and every allegation, matter, and thing in plaintiff's complaint contained. The evidence regarding the purchase of the note by plaintiff is without conflict, and is to the effect that the bank of which plaintiff is cashier received a letter from the payee, bearing date April 2, 1908, inclosing the note and offering it for sale for the sum of $ 240. On failing to receive a reply, the payee, on April 8th, again wrote plaintiff's bank, calling its attention to the former letter, and requesting it, if the paper could not be used, to return same, whereupon the plaintiff drew his personal check on the bank for the sum of $ 240, and therewith procured a draft payable to the order of the Northwestern Interurban Railway Company, for $ 240, which he transmitted to the payee in payment for the note, and took it as his own property.
Plaintiff testified that he had no knowledge or information that would lead him to believe there was any equity or defense against the note; that he purchased it in the ordinary course of business and in good faith. The note bore an indorsement at the time it was received by plaintiff about April 8, 1908, as follows: "Northwestern Interurban Ry. Co., by James J Lambrecht, Pres't." No proof was made of the character of the payee, nor of the fact that Lambrecht was president or otherwise...
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