The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-04-18

share of the crop for the protection
edness, as provided by the laws under
consideration.
Appeal from the district court Of
Barnes county, ]. A. Coffey, ].
Affirmed.
Opinion of the court by Grace, J..
Winterer and Richie, Valley City,
attorneys for defendant.
Lee Combs and L. S. B. Richie,
Valley City, Attorneys for Plaintiff.
From Hettinger County.
Frank Keith, plaintfff and respond
ent, VS.. First National bank of New
England, N. D., corporation, defend
ant and appellant. 53
1. Papers in Escrow Duties and liza
bilities Of one receiving same. Where
one delivers certain title deeds and
papers in escrow to a bank and at
the time of the delivery OF such pa
pers to such bank also delivers to such
bank an instrument containing writ
ten positive and definite instructions
concerning the delivery of such pa
pers to another, the purchaser, and
containing the terms, specifying the
time and conditions to be strictly OBJ
served by such bank in such delivery
of such papers, and specifying the ex-
act amount of money to be received
by the bank when it delivers such pa
pers in pursuance of such written di-
rections and instructions, and such
escrow, the bank, delivers such papers
to another in violation OF such writ
ten and definite Instructions and fails
to receive or turn over the amount of
money as specified in the. written in
structions, such bank is liable for
damages for the full amount of money
specified in such written instructions
2. emedies-Election Where one
delivers certain title deeds in escrow
to a. bank, and at the time of deliv-
cry of such title deeds and papers to
such bank, also delivers to such bank
an instrument setting forth and con-
tanning written, positive and definite
instructions and directions concerning
the delivery of such title deeds and
papers to another, the purchaser and
which contains the terms specified, the
time and condition to be strictly OBJ
served by the depositary In making
such delivery of such title deeds and
papers and which specifies the exact
amount of money to be received by
such bank when it delivers such title
deeds and papers in pursuance of
such written direction and instruc-
tions, and such bank delivers such title
deeds and papers to another in VIOLA
ton of such written and definite in.
structions and fails to receive or turn
over the amount of money as specified
in the written directions and instruc-
tions, the owner OF such title deeds
and papers has an election Of one Of
two remedies; he may maintain an
action for the recovery Of the lands,
subject only to the rights of innocent
purchasers for value without notice,
or he may maintain an action for
damages for the amount Of money
specified in the escrow papers, which
money the bank failed to receive or
turn over, and which escrow agree
ment was violated by the bank.
3. When the officer of a bank, who
is vice president and one Of the di-
rectors thereof, and performs such
duties, and in addition to the perform
ance Of his regular duties as vice pres
ident and director Of such bank. also
at times assumes to perform and ex-
ecute the duties OF cashier Of such
bank. BY waiting upon ana serving