The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-05-17
Supreme Court
Decisions
From stutsman County.

MerchanCS National Bank or Wlmble-
don. N. D.. a. corporation, plaintiff and
appellant, vs. George E. Brastrup,
defendant and respondent.
Syllabus:
/. If one signs an instrument CON
tanning blanks he must be understood
to intrust it to thu person to whom 1t
is SO delivered to be properly filled in,
according to the agreement between
instrument is as good as If originally
executed in complete form.
2. Blanks of any description, left
In writings not under seal, may, ex-
frauds, be filled in in pursuance of
mere parol authority.
3. 1t is as a general rule only in
cumbent upon a plaintiff to explain
an alteration in an instrument which
increases the liability of the defend
ant and not one which reduces it.
4. A note which contains the clause
with interest payable annually at the
rate of 10 per. cent per- annum to ma
turity'' will be presumed to bear the
legal non contractua1 rate of interest,
which in North Dakota is per cent,
and in such a case the holder would
be justified in writing the word or ng.
ure seven therein ana above the word
twelve, which has been crossed out.
s. A charge that q note when
when sued upon contains the clause
with interest payable annually at the
rate OF 10 per cent per annum to ma
turity'' when originally signed and de-
livered had the twelve merely stricken
out and no figures inserted above, ana
that the agreement between the par
ties was either that no interest should
be charged or at the most the Legal
rate of per cent, is g. charge OF a
fraudulent breach of trust, which
practically amounts to forgery, and in
instruct the jury that where party
seeks to avoid an instrument on" the
| ground of an alteration, he must make
out his, case by clear and convincing IN :
mind of g. reasonably prudent and
cautious person, especially when the
change will amount to crime, and
that, "the presumption of Innocence
and fair dealing among men is so per
suasive that a situation which violates
| it calls for evidence Of a more clear
and satisfactory character than one
that does not involve moral turpitude
or the commission of a crime or OF
fense".
Action on a promissery note.
Defense of a material alteration.
Appeal from the district court OF
Stutsman county; Hon. j. A. CoH[eS
Judgment for defendant.
Plaintiff appeals.
| Reversed. 0.
Opinion Of the court by Bruce, Oh. ]
Robinson, j., concurring. a.
John A, Jorgenson, jamestown, at
torney for appellant; Knauf; g. Knauf
Jamestown, attorneys for respondent
State of North Dakota, ex rel, Herb
E.. German, petitioner, vs. James H
. Ross, as sheriff of Stutsman county
North Dakota, defendant.
i: in. order to authorize a commit
! ting magistrate to hold one accused
of crime for trial, 1t is. not required
| that the evidence submitted be OF such
| 49, Z IN h
the guilt Of the accused beyond a rea-
sonabIe doubt. All that is required Is
that the evidence reasonably. show
that there is sufficient cause to believe
the accused guilty OF an onense: T.. ~
2. Where one who is committed
upon a criminal charge assails the
validity of the commitment in a nab
cas- corpus proceeding on the ground
of the ,insuf1ciency Of the evidence nc &C.
the evidence only far enough to ascer~
tain whether the accused has been
committed on such criminal charge
without reasonable or proba6le cause.
8. There is no inherent right in
citizen of the United States to manu-
facture or sell Intoxicating liquors, or
to engage in the liquor traffic as the
purchasing agent OF another. ana
Chapter 1874, laws 1915, which prohib-
its any person from acting as the
agent of another in the purchase of
Intoxicating liquors does not abridge
any privilege or immunity guaran Ie5o
to citizens Of the United States by the
fourteenth amendment to the constl-
tuition of he United States.
4. Chapter 1914, laws 1915, does not
contraVen'e section l of the North Da-
kota constitution, which declares that
"All men are by nature equally free
and independent and have certain in
alienabIa rights, among which are
those of enjoying and defending life
and property; acquiring, possessing
and protecting property and reputa-
ton; and pursuing and obtaining SAFE
ty and happiness.
&. Chapter 1914; laws 1915, does not
violate any express or implied inhibt11
in section 21T OF the constitution
which provides: ''No person. associa-
ton. or corporation shall within this
state, manufacture for sale. or gift,
any Intoxicating liquors, and no per-
son, association or corporation shall
import any OF the same for sale or
gift, or keep or sell or offer the same
for sale. or gift, barter or trade as a
beverage The Legislative assembly
shall by law prescribe regulations for
the enforcement Of the provisions of
this article and shall thereby provide
suitable penalties for the violation
thereon.
Application by Herb E. German for
a writ of habeas corpus.
Writ denied.
Opinion OF the court by Christian
son, J.
Robinson, j., dissenting.
J.. A. Jorgenson, Jamestown, attor-
ney for petitioner; States Atty. J. w.
Carr of Jamestown, VIM. LANCER, at
torney general, and Daniel v. Bren-