The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-05-02
Supreme Court
Decisions
International Harvester company,

International Harvester company,
plaintiff, appellant and respondent,
VS.. M. c. Olson. defendant. respon-
dent, and appellant. Appealed from
decision of Judge G. Crimson IN
Towner county district court. Mod
flied and affirmed.
Under our statute Sec. 599la
Supp., where a combine Is sold to a
purchaser for his own use the buyer
has a reasonable time after delivery
for the inspection and testing Of the
same. and If it does not prove to be
reasonably fit for the purpose LOT
which it was purchased the purchaser
may rescind the sale by giving notice
within a reasonable time after deliv-
cry to the parties from whom
such machinery was purchased-and
placinp the same at the disposal OF
the seller, any contrary provision in
the contract Notwithstanding
State of North Dakota. plaintiff
and respondent, VS.. Oscar Hauge, de-
PENDANT and appellant. Appealed
from decision of Judge George II.
Moellring in Ward county district
court. Affirmed.
It is proper to instruct jury that
person who keeps and maintains
place where intoxicating liquors are
sold as beverage becomes guilty OF
keeping and maintaining such place
when first sale is made and place
thereby utilized for prohibited pur-
pose.
Philip Emmil plaintiff and appel
liant, VS.. Albertina Smith and Dan
Ehlis, defendants and respondents.
Appealed from decision from Judge
H. L. Berry in Stark county district
court. Affirmed.
In an action to establish lines OF
government survey, record IS exam
ined and held that evidence is suf-
ficient to sustain finding of trial
court.
Implement Dealers Mutual Fire In
surance company. petitioner and res
pondent, VS.. G. A. Myron, Goodyear
Tire and Rubber company, Deere and
Weber company, and Andrew
Myron, respondents and appellant.
Appealed from decision Of Judge A.
r. Cole in Cas- county district court.
Reversed.
"A fire insurance policy may be
assigned without a formal written as
signment so as to transfer the right
of the insured to another.
where a dealer-agent had con-
tracted with principal to insure
goods shipped under the contract,
al, -
principal, and all other merchandise
and to cause the policy to be made
loss payable to the principal as his
interest may appear, but where the
principal had acquired no lien on
such other merchandise or any as
signment of the policy, 1t acquired
no interest in the proceeds Of the
policy on account of loss sustained by
the destruction of such other mer-
chandise."
Emil H. 1ntlehOuSe, as receiver OF
the Minnewaukan State Bank, petit
toner, VS.. L. r. Baird, as receiver Of
the Minnewaukan State Bank, res
pondent. Appealed from decision Of
Judge Thomas H. Pugh in Burletgh
county district court. Affirmed.
The provision Of the Depositors'
Guaranty Fund Act to the effect that
a claim against an insolvent state
banking corporation "for funds de-
posted in such institution and be-
longing to the estate of any insolvent
bank, deposited therein by the re-
ceiver or other person officially in
charge shall have preference over
all other claims" has reference to
funds deposited by the receiver Of q
banking corporation organized under
the laws of North Dakota and does
not apply to funds deposited by the
receiver Of a national banking COR
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