The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-01
From Emmons County.

4 6SCuIlLy CLdNG 0dhh VI 0tAA GDhA
North Dakota, corporation, plaintiff
and appellant, VS.. 8. A. Fischer, de-
/ fendant and respondent.
Syllabus:
1. Defendant, acting in the capa-
city of president and director of q
bank, gave assistant cashier direc-
tions to credit him with 81 800 on ac-
count of salary and expense, which
was done. He later sold his stock in
the bank at book value. Subsequent
the conversion of it's funds. The evil
denee Is examined and held to pre-
sent an issue of fact as to ratification
Of defendants acts by the board OF
directors.
2. Evidence examined and held to
substantiate the verdict of the jury,
which found for the defendant
8. Where the board of directors OF
bank. consisting of all the stock
holders of the bank, ratifies an act of
lowance as salary and expenses, the
ratification, though informal, is bind
ing.
4. Where, in the trial of case, a
opens up subject of inquiry and in
PRODUCES testimony relative thereto,
he cannot later complain of the sub
mission of the issue of fact thus pre-
sented to the jury, where 1t is fairly
presented under appropriate instruc-
lions, nor can he complain that the
issue is not within the pleadings.
Appeal from Emmons county dis
trict court; w. L. Nuessle, j.
Judgment for defendant.
Plaintiff appeals. Affirmed.
Opinion of the court by Birdzell, j.
From Trail County.
The Northern Trading Co., a cor
poratton, plaintiff and appellant, VS..
The Drexel State Bank OF Chicago, a
cornoraff0n defendant and raEnOnd-
ent. ..aa
Syllabus:
/. Negotiable Instruments, Promis-
sorry Note, Possession, Presumption.
issory note or a negotiable instru-
ment, the presumption is that he has
valid title thereto, and that 1t was de-
livered to him. Where there is a con-
f1lct of testimony as to the title ana
delivery of such instrument and the
questions of fact as to title and deliv-
cry are submitted to the court with
out jury and the court decides upon
the matter of title and delivery, while
the decision of the trial court is not
conclusive upon this court, neverthe-
less the judgment of the trial court
is entitled to be carefully considered
by this court, and especially is this
true in a case such as the one at bar
where there. is just one witness who
testifies for the plaintiff and one for
the defendant, and their testimony is
in entire conflict. The trial court un-
der such circumstances has the ad-
vantage of seeing the witnesses upon
the stand, noting their demeanor,
which they testify, and many other
characteristics or qualities of the wit
nesses. while this court is entirely
without such facilities to aid in its
final determination as to the CREDIBLE
ity of the witness.
3. Negotiable Instruments, Posses
sion Of, Presumption. Under section
1901, compiled laws 1913, where one
has possession of a negotiable instru-
ment, the presumption is that he has
valid title thereto and that it was
delivered to him. Under section 6944,
compiled laws of 1913, every holder of
negotiable paper is presumed to be a
holder in due course. H.. ....
b. 8. Negotiable instruments, Constd-
Grafton, Pre-existing Debt. Under
section 6910, compiled laws of 1913, an
antecedent or pre-existing debt con-
stitutes value and is sufficient to sup
port simple contract.
4. Negotiable Instruments, En-
dorsement in Blank, Effect of. Under
section 1919, compiled laws of 1913, a
blank endorsement is one which spe-
cifies no endorsee, and where an i'm
strument is so endorsed, it is payable
to bearer and may be negotiated by
delivery
Appeal from the judgment of the
district court of Trail county; Chas.
A. Pollock, Judge.
Affirmed. Opinion of the court by
Grace, J.