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Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 14

Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 14


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Hale v. Life Indemnity and Investment Co., 65 Minn. 548, 68 N. W. 182: Mutual Life Ins. Co. v. Hillmon, 145 U. S. 285, 12 Sup. Ct. 909, 36 L. Ed. 706. We have reached a conclusion in the case on undisputed testimony not objected to, except as to the note. Hence it becomes unnecessary to consider plaintiffs' other objections to the testimony that was received as bearing upon the question whether deceased committed suicide or not. The judgment is affirmed. All concur. Engerud, J., having been of counsel, took no part in the decision of the above case; Hon. Charles J. Fisk, judge of the First Judicial District, sitting in his stead by request. (103 N. W. 402.) Clara Logan v. George W. Freerks, A. J. Bessie And Martin C. Freerks. Opinion filed April 22, 1905. Money Had and Received ? Action. 1. A complaint alleged that plaintiff intrusted certain money to defendants, to he used by them, for the purpose of securing bail for one B, and also alleged that defendants were to return the same to plaintiff when such bail was exonerated, and further alleged that such bail was thereafter exonerated, and defendants received said money into their possession, and converted the same to their own use, and refused to repay the same to plaintiff. Held, that the cause of action should be treated as ex contractu, instead of ex delicto, and a recovery permitted upon the theory of money had and received under an implied promise to repay the same. Held, further, that it must be so treated in view of defendant's answer, and the issues thereby tendered. Although a Party Proceeds to Trial oil a Mistaken Theory, He Is Entitled to Relief Consistent With the Issues and Proof. 2. The fact that a party proceeds to trial upon a mistaken idea as to the nature of an action and the scope ...


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Product Details
  • ISBN-13: 9780217276504
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 280
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 0217276504
  • Publisher Date: 12 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 503 gr


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