The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26
SUPREME COURT
From Ransom County


Elliott School District No. %, Eli
oft, North Dakota, Plaintiff and Re-
spondent vs. O. NJ. Gorder, Defendant
and Appellant.
Syllabus: /. One H. P. Holen
transferred forty-five shares Of bank
stock to the defendant, d. NJ. Gorder,
and the evidence in this action by q
creditor. against .. NJ. Gorder, fully
sustains the findings and conclusions
of the trial court, that the sale Of
said bank stock was fraudulent with
out consideration and with intent to
defraud the creditors Of the said H.
p. Holen.
2. In an action against a fraudulent
transferee. who took the property
fraudulentiy sold, outside of the
jurisdiction of the court, where it
could not be reached by execution.
or on supplementary proceedings,
and retained the same until it be-
came entirely worthless, the plaintiff
creditor is entitled to a judgment for
its value.
3. Evidence examined, and held in
sufficient to sustain the value placed
on bank stock, fraudulently sold. by
the trial court.
Appeal from the District Court of
Ransom county, Hon. Chas. r. Wolfe.
Judge.
Reversed. Opinion Of the Court by
Chas. s. Ego, Lisbon. North Dakota,
attorney for respondent.
Kvello, Adams & Rourkc, Lisbon,
North Dakota, Attorneys for Appel
liant.
From Rirhland Cnuntv
Erminc Kilby, stakeholder of the
Movius Land 4 Loan Company, a
corporation, suing in behalf of her
self and all other stockh olders who
may come in and contribute to the
expenses Of this action, and be made
parties thereto, Plaintiff and Re-
spondent. VS. The Movius Land e.
Loan Co., corporation, ct al, De-
PENDANTS and Appellants.
Syllabus: l. Attorney fees are not
recoverable in an action unless ex-
pressly authorized by law.
Appeal from the District Court Of
Richland County, Hon. Geo. NJ. Nc
Kenna. Judge.
Modified and affirmed. Opinion
of the Court by Burke, ].
Lauder & Lauder, Purcell & Hcdcr,
Wahpeton. North Dakota, Attorneys
for Appellants.
NJ. A. Hildrcth, Fargo, North Da-
kota. Attorney for Respondents.
From Cass County
H. B. Fuller, Plaintiff and Respond
ent. VS. Walter Reed, ct al. Defend
ants and Appellants.
Syllabus: The inference that an
officer of voluntary non-profit as
ISOLATION who enters into a contract
on behalf of the association, binds
himself individually is ordinarily
one of fact; and it does not follow
as matter Of law. in any case or in
every case, that the officer of a
association becomes liable as an in
dividual upon a contract which he
makes with third person in behalf
of the association. And where such
officer contracts solely as a repre-.
sentative of the association, and cx-
prcssly stipulates that he is not to
be bound individually, and that the
other contracting party shall receive
payment only out Of funds received
by the association from membership
dues, the officer is not individually
liable upon the contract.
Appeal fron the district court of
Cass County, Cole, Judge. The de-
PENDANTS Walter Reed, A. J. McInnes,
John Dawson, John Strauss and
Franklin Paige, appeal from a judg.
ment in favor of the plaintiff. =
Reversed and remained. Opinion
Of the Court by Christensen, j.
Lawrence, Murphy & Miles, Fargo,
N. D.. Attorneys for Defendants and
Appellants.
Usher L. Burdick, Faro, N. D.,
Attorney for Plaintiff and Respond
cnt.
Mr.. Justice Burke, being disquali-
fled, did not participate.
From Divide County
Bellingham State Bank Of Belling-
ham, Minnesota. a foreign corpora
ton, Plaintiff and Appellant, VS. Jack
Mccormick, as administrator of the
Estate of Ella F. Mccormick, De-
ceased, Defendant and Respondent.
Syllabus: /. The county court has
no power to open, vacate or modify
it's DEGREES or orders except for the
causes and at the time and in the
manner prescribed by the statute.
2. Section 1884, C. L. 1913, pre-
scribes and defines the authority and
power Of the county court to open,
vacate or modify its DEGREES or ord