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action affirmed agent agreed agreement alleged amendment amount answer appeal appellee application assessment attorney authority bank bill bonds cause charge claim commission condition consideration Constitution contract corporation damages death deed defendant defendant's delivered denied determine directed District Court effect election entered entitled error evidence executed fact Fargo filed follows further give given granted ground held hold injury instruction interest Iowa issue Judge judgment jury Key-Numbered land matter ment Minn mortgage motion negligence notice objection offered opinion paid parties payment person petition plain plaintiff present proceedings purchase question reason received record reference rule signed statute sufficient Supreme Court sustained taken testified testimony thereof tion trial court verdict witness written
Side 73 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Side 71 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Side 71 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 272 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Side vii - Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken.
Side 378 - A majority of the members of said board shall constitute a quorum, but a less number may adjourn from day to day.
Side 71 - A holder in due course is a holder who has taken the instrument under the following conditions:— 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4.
Side 125 - ... evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert the defendant's general issue into an affirmative defense. When all the evidence is in, the question for the jury is, whether the preponderance is with the plaintiff.
Side 171 - States of competent jurisdiction ; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt.