Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-10-29
COURT DECISIONS
Decisions in a Number of Interesting
Cases are Handed Down by the
Supreme Court.
John Drinkall Gets His Money Back
Effect of Affidavit of Prejudice
in Civil Cases.

Inc supreme court lGulS MOIuluS
handed down decisions in a number of
interesting cases Some interesting
points were passed upon in the case
of John Drinkall VS.. the Movius State
Bank of Lidgerwood, Richland county.
In this East Drinkall claimed that on
Dec. Is, 1899, he deposited 5000 in the
bank receiying.a certificate Of deposit
therefor. After receiving the certi-
cate he went to a place in Lidgerwood,
became Intoxicated and gambled, be-
ing finally induced to sign the certii-
oate and turn it over to the proprietor
cit the place, for chips used in gam
bling. Drinkall claimed that after
having done this he notified the bank
of the loss of the check and the
means by which he had been induced
Ito indorse it away and instructed the
bank not to pay it. 1t appears, how
ever, that the bank did pay check to
the indorsee, and a question of fact
was raised as to the notification of the
bank. The lower court gave Drinkall
a verdict for the amount of the check.
A motion was made for a new trial
which the lower court denied. The
supreme court ~sustains the position of
the lower court. The court holds
that a cashiers check is not subject
ito c~ountermand like an ordinary check
but that the relations of the parties
t analogous to those of a negotiable
promissory note. The contract
of Endorsement is not complete
when the consideration is unlawful or
procured by unlawful means. Pay
ment, to effect a discharge, must be
made to the rightful holder Or his au-
thorized agent. The possession of
the Endorsement of the payee in blank
is prima facie evidence of the holders
right to demand and receive payment,
and payment to such holder in good
faith will discharge the instrument.
1t is held that the Endorsement and de-
livery to a gambler in payment for
chips to be used in gambling does not
make the gambler the holder in due
course and his title is defective. The
court finds that there is substantial
evidence that the defendant bank had
notice OF the defect in the gamblers
title prior to the payment of the check
and hold 1T was not error for the trial
court ITO override motion for new trial.
In the case OF Circuit VS.. Conrad, APP
pealed from Judge LADDERS court, the
supreme court holds that in acivil ac-
ton where af1davits of prejudice. and
bond have been filed, the resident
judge is thereafter disqualified to exer-
else further judicial functions. In
this case, the action involved the APP
pointment Of a receiver, and Judge
Lauder made an appointment after
! afidavits of prejudice and bond had
been filed against him in the case The
court says he has no further powers
than his ministerial duties in calling
in another Judge. The order appoint
ing the receiver is therefore held to be
of no effect. The question as to
whether a Judge disqualified in this
manner a be %reinvested with juris-
diction, and how, is not decided by the
court. - " :
In the case of Tayor VS.. Miller, APP
pealed from Judge Lauder, the plain
tiff filed a petition asking the court to
settle a statement of a case after the
lower court had refused on request to
settle a statement of the case accord
ing to the facts. After a verdict for