The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-16
DECISION OF The
SUPREME COURT

State of North Dakota. in supreme
court, october, 1911 term.
McConnon e. Co, plaintiff and
respondent, VS.. Lauritz Laursen, ct III,
and Walter Nelson and Knud Chris
tenson, defendants, appellants.
!, The complaint alleges that
plaintiff rs and was a corporation
duly organized and existing according
to law" and sets out in full the con-
tract for breach of which suit is
brought, in which plaintiff, party of
the first part, is designated as ga Corr
poration of Winona, Mimi" Held,
that the complaint by reasonable In
ference alleges that the plaintiff Is a
foreign corporation, and that it was
not an error for the trial court to
overrule the demurrer to the complaint
the ground that the complaint did
not contain the allegations required BY
section S61 of the revised codes of 1905.
2. BY the express provisions of sec
ton 1862 of revised codes OF 1905. in
an action by a corporation. the plaint-
if need not prove upon the trial the
existence of the corporation, unless
the answer. an allegation of which de-
MES the existence Of the corporation,
is verified. In the case at bar the
answer Is not verified; therefore the
admission of incompetent evidence
tending to prove corporate existence
of plaintiff was not preiudicial to the
defendant, and is not grounds for re-
versing the Judgment of the trial court.
8. On the back of a written instru-
ment containing all the terms and
conditions of a contract whereby the
plaintiff is to sell and deliver 10 de-
PENDANT, Laursen, goods, wares. and
merchandise, f. D.. b. Winona, Mimi.
is endorsed in writing the following:
I'm consideration of the sum of 81 to
US in hand paid by the party of the
first part, and in further consideration
the execution by it Of the within
agreement, and the sale and delivery
its goods as therein provided to the
party Of the second part, we, the un-
dersigned, Jointly and s~everally guar
to the said party of the first part
Its successors and assigns, the full and
complete payment Of all Indebtedness
of the party of the second part to the
party OF the first part arising under
said agreement, according to the terms
and conditions thereof, and at the time
in the manner provided therein.
"(Signed) Walter Nelson, (Seal.)
"(Signed) Knud Christensen, CSeal)''
Held, that such endorsement is an
absolute guarantee to pay for such
goods as are delivered % defendant,
Laursen, by the plaintiff pursuant 10
he instrument on which such indorse-
ment is contained, requiring no no.
tice of acceptance by plaintiff. and
it is immaterial as to whether
10 consideration of 81, stipulated
therein, was or was o paid, and i'm
material as to whether the instrument,
which such Endorsement was con-
tanned, was signed by the plaintiff
the time such endorsement was
by guarantors, and immaterial
as to whether defendants, guarantors,
notified of the default of defen-
dant, Laursen, principal debtor, within
a reasonable time after his default.
(Syllabus by the court.)
Action on guaranty. From a judy
Of the district court of Barnes
Burke, judge, in favor of
plaintiff, defendants Nelson and Chris
Jensen appeal.
Affirmed.
Page & Englert, attorneys for APP
p~ellant; Lee Coombs, attorney for re-
.spondent, (Tawney, Smith & Tawney
Of counsel.)
Opinion by Nuchols, district Judge.
Justice Burke being disqualified. did
not participate, Hon. S. L. Nuchols of
the Twelfth judicial district sitting In
his place by request.