The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-08-05
Supreme Court
Decisions

State Of North Dakota, plaintiff,
VS.. Farmers State Bank Of Mandan,
in re application of Farmers Union
Livestock Marketing association, de-
PENDANT.
Where a banking institution sus-
ponds business and closes its doors
and, at the same time, takes from
customer checks tor collection and de-
post without notifying him OF SUCH
suspension, an implied trust Is Gre
ated and the proceeds from the check
become a special deposit.
The checks in the case were cleared
to another bank. The decision holds
that the depositor had traced the
checks into the banks clearing fund
and was entitled to preference over
other creditors in such fund and to
have trust in his favor impressed
on such cash on hand in the bank
at the time of closing.
Decision reverses that Of Morton
county district court.
r. o. Richardson, plaintiff and re-
spondent, VS.. w. H. Thomas, defend
ant and appellant.
Action on promissory note, given
in payment for flour mill, which
was taken back by the vendors after
default.
Evidence held sufficient to support
findings of Bowman county district
court that plaintiff repurchased the
mill for an agreed consideration
which was credited upon the defend
ants indebtedness.
State, ex rel Torkel Nyland, plain
tiff and respondent, VS.. Northern
Packing company.
An employe, injured in course of
employment by an employer not in
sured under the state workmen's
compensation act, may file his appli-
cation with the workmen's compen-
sation bureau for an award, but may
not maintain a court action for a re-
covery until the bureau has disposed
of the matter in final award.
Decision reverses Grand Forks
county district court and dismisses
case.
Ella G. Bolen, plaintiff and re-
spondent, VS.. Mr.. and Mrs. Alvin w.
Dolph, defendants and appellants.
Action for damages to an automo-
bile with a counter claim for damages
to another automobile. Decision OF
Ward county district court affirmed.
Thomas Holden, plaintiff and re-
spondent, VS.. Eva s. Walker and 9TH
ers, and Eva s. Walker and Charles
w. Morris, defendants and appellants.
Decision holds that, where trans
fer Of property is fraudulent as to a
creditor, the creditor may treat the
conveyance as void against him and
the property as still that of the
debtor. He may attach such property,
though held by a third person, and
institute action to determine adverse
claims against it. If the creditor does
not consent to the terms OF such
transfer to third person, his lien
against the interest of his debtor in
the property is superior to the inter-
ests OF the grantee. Affirn1s decision
of Ramsey county district court.
State of North Dakota, plaintiff and
respondent, VS.. Gilbert Rudy, defend
ant and appellant.
In an action to establish the pa
ternity of a child born out of we'd
lock, defendant may show illicit re-
lations between the mother and other
men at or about the time the child
may have been begotten as tending
| to show that someone other than he
is the father of the child, but such
evidence is not admissible as tending
to impeach the character of the prose-
cutrix or to prove an immoral dis
position on her part.
Decision affirms Judgment OF En-
mons county district court.
Security Building and Loan aSsoci-
alton, plaintiff and appellant, VS.. j.
Warren Bacon and others, and the
Rogers Lumber company, defendant
and respondent.
Reversing action Of Ward county
district court in case involving a real
estate mortgage in which defendant
set up a claim under subsequent
mortgage and asked that it be adj
judged superior to that of plaintiff
which it was sought to foreclose.
| Case involved furnishing of building