The Bismarck Tribune Newspaper, November 10, 1927, Page 10

PAGE TEN JAMESTOWN AND VALLEY CITY REAP DIVIDENDS FROM ALL WEATHER ROADS |.<: Jamestown and Valley City, whose tributary roads and trade territory are pictured in the accompanying map, ate communities which pion- eered in building of good roads and today are rea) ing the dividends. Barnes aod tutsman counties, through the w. k of Jamestown and Valley City business men, are “sold” on good roads, and they have “sold” the neighboring counties. The most striking example of how Jamestown’s aggressiveness and boosting for good roads has profited here is shown by State Highway No. 4 north to Carrington and way No. 7 west t» McClusky and Turtle Jake. Trade Should Come to Bismarck The Carrington-Turtle Lake ter- ritory, for natural reasons, should be ut evenly divided between Bismarck and Jamestown—but it isn’t. McClusky people would rath- er go to Jamestown than Bismarck because they know they can return home wher thev want to. There is no need to wait for the roads to Ary when a lusky resident wants to return from Jamestown. But to return from Bismarck on a rainy day is far from a pleasart task, Sony, * cause the roads leading into Bismarck are rot constructed for all-weather use. It is Bismarck trade which is be- ing diverted to Jamestown. Until the connecting roads into Bismarck are improved, the Turtle Lake-Mc- Clusky-Goodrich territory will con- tinue to be tied closely to James- town. - South of Jamestown is Highway No. 4, now an improved. Join- ing No. 34, it will give a good road into La Moure and west into Fre- donia and neighborin;: towns which {because of better roads. {might, if the roads were better, be peace in the Bismarck territory. Highwa: No. 4, continuing souti throu Ellendale, gives a good road way to the South Dakota boundary. No. 10 Being Graveled U. S. Highway No. 10 is for some distance west out of James- town and graveli:., is being com- pleted on the remainder so that next year Jamestown and Bismarc should be connected by a gravel road. To the east, No. 10 is graveled through Valley City to Fargo and here there is the option of going to either city. Highway No. 1, south from Valley City, gives connections to La Moure and Ellendale, clos. to the South Dakota boundary. Highway No. 9 brings Forman, Lisbon and_towns to the southeast of Valley City in close touch because of an improved road. No. 1 to the north draws the trade from Cooperstown and No. 7 draws from the territory farther north. Valley City and Jamestown know the value of gocd roads. _ Their merchants know the value Here is what C. S, Robertson, :. representa- tive merchant of Valley Cis has to say: “Our roads have contributed enormously to th: retail volume of Valley City. It is indisputably true that farmers and their families wi'l come to Valley Citi or an’. other town, on rainy days more readily with good graveled roads than they will if they have to ‘o through mud —and from greater distances.” To repeat: Jamestown is draw- ing much trade that otght to go to Bismarck. It goes to James: wn And it will continue to go to Jamestown un- til Bismarck pushes m igorously its tributary road-building program. DECISIONS OF THE SUPREME COURT FROM STUTSMAN COUNTY The Union Central Life Insurance companyn, a corporation, -VB- Appellant: First National Bank of Courtenay, North Dakota, a corporation, and Farmers Elevator company, of Courtenay, North Dakota, a cor- ration, Respondents. SYLLABUS: On examination of the whole rec- ord in this case, the trial court found there was no waiver by the bank of its right of priority under a chattel mortgage, and no proof of any au- thority on the part of the cashier of the defendant bank to waive such riority. Such finling is justified y the record in the case and is af- firmed. Appeal from the District Court of Stutsman County, Hon. Jansonius, Judge. AFFIRMED. Opinion of the Court by Burr, J. Aylmer & Aylmer, and P. W. Lanter, of Jamestown, N. D., and Lawrence, Murphy & Nilles, of Fargo, N. D., attorneys for appel- int. Knauf & Knauf, of Jamestown, N. D., attorneys for responent. FROM MOUNTRAIL COUNTY Caroline Marken, Plaintiff and Appellant -vs- Robideaux Grain company, a cor- Ppora' and Respondent. US: (1) A lease or cropping title is reve: in mot (1) Under | e owner of the land as security for advances, is valid and enforcible and oe required to be filed as a ction 5888 of the |) Gopebmens for nacing veel property i nt for real pi _ for the period of a year or less is (3) In an action for breach of warranty of title, where the buyer has sustained loss through the as- sertion by a third party of a title superior to that of this vendor, the damages are not limited to the price paid; the vendee may ecover the value of the chattels or his actual loss, including consequuential damages occasioned by his reason- able defense of an action based upon such superior title. (Section 6002 a 69 of the Supplement to the Com- piled Laws of 1913.) Appeal from the District Court of beer js County, Hon. Fred Jansonius, judge. ‘AFFIRMED, cece of the court by Birdzell, ir. J. Sinness, Duffy & Wheeler, Devils ‘red | Lake, N. D., attorneys for Appellant. John O. Hanchett, Valley City, N. D., attorney for Respondent. FROM WELLS COUNTY I. S. Bessel, Plaintiff and Respondent -vs- PNM tetdeat sol Appellant efendant an nt SYLLABUS: cam (1) Where a stockholder is an officer of a corporation and has contributed his personal skill in conducting the business of the cor- poration, a sale of his entire stock, accompanied by an agreement not to re-on; in a similar or compet- ing business, may involve the sale of the will. ,, (2) Where the owner of a major- ity of the stock in a corporation and the owner of a minonity of the stock enter into a contract for the sale of all the stock of the luiter to the former, and where-i tl the vendor had especially skilled and experienced in the different branckes of the business conducted by the corpora- tion, where as a part of the consideration he had agreed not to the |Te-engage in a similar business as John See 2 B. torney for FROM WELLS COUNTY Company, Bremen Elevator Court of limited period of time, it ia held that “Opinion of the court by Birdzell, Ch. J. Paul Cam Minch, N. D., at- or pein cache! |, N. D., at- ') & COr- Respondent | J, Ss : Defendete Nectabs, Ritchie owner or agent within a radius of fifteen miles from the city where the business was located and for a such contract, in restraint or prof within Sec- tion 5928 of the Compiled Laws of sale of the good will ception stated in Section 592¢ of the ota) ithe granting ofa te a ing orde! fe di ot rary jonary, mit shaeet in the instant case. from the District Court of | Ren' Wells County, Hon. J. A. Coffey, ED. Opinion of the Court by Birdzeil, D., attorneys for Ap- i _ [attorneys Appellant.|""Aloys Wartner, Harvey, N. D., two| settlers with inost“of their clothes, wot| the. Red Northern Trust Co., 52 N. D, recover the penalty of the | Court 207 N. W. 42, followed. alae an acids W. a] ym the ir ody making Ramey County, Hon. oe . Buttz, ace in| AFFIRMED. Opinion of the court Traynor & Trayno! attorneys for Plaintii it. ‘Bangs, Hamilton & Bai seed is furnished sthtement in the office of the (2) The validity of a contract is|ter of deeds, a lien statement determined by the law o° the| within thirty place where it becomes bindin; effective. Wher: a contract i. outside of the State but sent state for delivery so that the | than si party who executes the contract re- mains incontro: of it unt: delivery, ithe validity of the contract is to be determined by th mviled icine unless a contrary intent and |of a contract which remained a part the granaries of the seller for L, Nash and F. J. Funke; and Geo. I. Rodsater, infetg , N. D., attorneys for Appel- & Verrett, and Cando, N. D., at BISON HUNTERS ARE DESCRIBED Red River Settlements Made Up of Half-breeds, Trade: e seed if furnished,” with- the Com; Laws of 1913, when the title is|Grand Forks, attorney for the purchaser under |ant arid Respondent. an express arrangement for credit contract contains |for the purchase price, though the & provision restricting action there- | posse: be on to a time less than that provided by the statutes of this state such /| Di FROM TOWNER COUNTY osedale Schou! Distr:.t No. 5, @ ‘ation, intift and Appeliant. public corporation, Defendant and Respondent. jon 2190, Compiled Laws (Chap. 298, Laws ides that all penalty and interest collected on taxes and parts of taxes due to organized lages, towns, Cities, at shall be paid to the ‘and|township, village, to school district for which the tax was does not contravene eit! 11 or Section 20 of the State (2) Counties and school districts are amenable to the statutes of r-| limitation of this state. (3) Under the !aws of kota the county treasurer is col- lector of all taxes w'ether levied his own | for state, county, other goverrmental Sec. 2156, C. L. 1918.) On the first day of each month he is required to make @ full settlement of all moneys collected receding month and credit the col- lections to the proper funds of the trial | state, county, townsuip, city village school district & Ph pg they District Court of | County, Hon. Geo. HH. Moe! ring, Judge. he District Court| REVERSED AND NEW TRIAL icLean County, Hcn. Fred Jan- T! provision is void. . Towner County, the court by Birdzell, SYLLA! Crosvy, N. D., attor- & Breatelien, Crosby, N. D., attorneys for Respondent. rad of the Fur’ company to rt Snelling, where it is each inion of the court by Burr, J. mpson & Swenson, of Devils|ney for Aprel Lake, N. D., attorneys for Appellant. FROM MORTON COUNTY Halpern, Plaintiff and Appellant) ¢ National Fire Insurance company of Hartford, Conn., a co Grand Forks, N. D., Nov. 10—() jo, which roamed the Dakota in countless thousands the early 50’s, were the life blood trade in this region at that to Dr. 0. G. Libby, story department at the here. ring article Dr. Libby continues a description of the Red River buffalo hunters as I. I. Stev- ens, governor of Washingtoi tory, found them when we led a sur- h the state in 1853, fourth of a series on North Dakota history written for the Associated Press and its member newspapers. By 0. G. LIBBY FROM GOLDEN VALLEY Co. Engbertso. shillings, povable i bearing the sigiature of George Simpson, were offered i to various ‘members of the ion on purckasing various les, Hunters Keep Skins The skins collected in the sum- mer hunt are usually retained by the hunters for their own use, while the robes collected in the fall hunt are a staple of trade with the Fur ahd Hudson wi r args business in yf which there are two|tion of the country, tiffs and’ Respondents | levied, (1) A mortgagee of insured prem- Defendant and Appellant War Finance Corporation, a i |ditions of the insurance policy, in Intervenor and A! Us the absence of a special contract s (1) A trustee of an e: may maintain an actioi name to enforce a chattel mortgage | village school or waich he holds as such trustee. (2) In the instant case, the plain- tiffs after the commencement of the trial asked leave to interpose an answer to a complaint in inter- *! vention. For reasons stated in the opinion’ it is held that the court did not err in granting such | and (2) Where a jury by its general} 10 A. M. Armistice Day. || verdict unconditionally determines the issues submitted to it, but at- taches a clauuse regarding a matter not involved in the suit, such clause roperly rejected as surpluusage. ppeal from the District Court of Morton County, Hon. H. L. Berry, Opinion of the court by Burr, J. Minn., and C. F. Kelsch, of Mandan, N. D., attorneys for Appellant. Sullivan, Hanley & Sullivan, of Mandan, N. D.. attorneys for Re- principal question at | 218: issue in the instant case is wheth two certain chattel mortgages held|ty treasurer of by the plantiffs were discharged waived £0 as to render a subseq pel chattel mortgage, held by the inter-| 1910 and 1920, inclusive, caused all nance Corporation, a| penalties and interest coll the school taxes of the plaintiff dis- three m@rtgages.|trict to be credited to and for|ant county. In so doing, the county he instant case the coun- the defendant coun- or|ty, in making settlements for taxes, FROM WARD COUNTY his Guardian, Ad . Klien, Plaintiff and Respondent George Watson and State Bonding Fund of the State of North Da- Defendants and Appellants. (1) In the instant cese it is held for reasons stated in the opinion that a default judgment was taken against the defendants through mis- neglect, and that thei: application for a vacation of such should be granted. Sons Piano Co., vs. Getts, 49 N. D. 577, 192 N. W. 765, it is held: Where a motion is made by a d fendant to vacate a default ment (under Section 7483, 1913) on the ground of mistake, in- advertance, surprise or excusable neglect; and where at the time such judgment was rendered the case was at issue upon a duly cerified answer setting forth a defense on the merits, an affidavit of merits is not an indispensable requirement upon the motion to vacate the ‘ard County, Lowe, J. | from an order denying an application to vacate a default judgment. Bpiaiee of the court by Christian- son, J. Robert H. Bosard, Minot, North North Dakota, Crum & Crum, of Bismarck, North Dakota, attorneys for Defendants and Appellants. E. R. Sinkler and first lien upon certain chattel prop: erty covered by all The evidence is examined reasons stated in the opinion it is|treasurer acted in g held that the trial court was correct |the county retained in ruling that plaintiffs chattel mort- es had not been released or waived and that they constituted | longed to it. Itgs first liens upon the chattel property i Anton Yesel, b; the moneys s0 placed in its treasury in the good ith belief that the moneys be- That an obligation arose on part of the county to return the ication made after the | penalties and interest so received conclusion of the trial for leave to|by the county from. the county supplemental answer’| treasurer. and a supplemental complaint in intervention is addressed trial court and its ruling will not | limitations be disturbed unless so clearly wrong to amount to an abuse of di: tion. In the instant case it is held that the trial court did not abuse its discretion in denying suct appli- From a judgment of the district Pugh, Judge, J. C. Ridgway, defen ant, and the War Finance Corpor- ation, hls appeal. oa of the court by Christan- son, J. : Hildebrand & Warren, Glendive, eohane & Oppegard, orth Dakota, attacneys for pel ts. rkelson, Bowman, North Dakota, attorney for Plain- tiffs and Respondents. readers. Buy it today. Posey unty was not a to the| voluntary trustee ‘of the moneys so and that the statute of (B) That the go ced against the school district for cach amount so received by the county from the county ireasurer from the date of each settlement. From a judgment of ‘CANADA DRY” “The Champagne of Ginger The Dakota Auto Sales. : GOES OUT OF BUSINESS oR EVER Defendants and Theo. FROM McHENRY COUNTY The Anamoose National Bank, a Plaintiff md Respondent -VS- Jacob J. Dockter, et al, Michael M. >ockter, dants and Appellants. (1) Parol evidence is admi to show whether a varty is commodation party.on a negotiable instrument, and ..lso, to determine is dispute in Minot, North Dakota, attorneys for Plaintiff and Respondent. FROM FOSTER COUNTY First National Bank of Viroqua, Wisconsin, a foreign corporation, tiff and Respondent Farm Mortgage Loan & Trust com- pany, a domestic corporation, Defendant and Appellant. FO We have the bankrupt stock of th e Dakota Auto Sales consisting of all their parts, ac- cessories and tires. WHILE THIS STOCK LASTS WE ARE OFFERING THE FOLLOWING BARGAINS the evidence, the er a negotiable instrument is for the accommodation of the some other party is a question of fact for the jury. bank for the sole pur ceiving the bank e: the accommodation of without consideration, and the bank @ going concerm cannot recover ‘Appeal from the District © peal irom McHenry County, rote? An order requiring a pleader to make his pleading more definite and certain is not an appealable order. peal frem the District Court ster County, Hon. J. A. Coffey, Tire Covers Free to Those That Can Use Them 80x84 Clincher Cords ..... 0.20 scseesresreeneeseerces & B05 32x6 Pennsylvania 10 ply heavy duty truck tires ......... 49.00 32x6 Miller Standard heavy duty truck tires .. 84x7 Pennsylvania 12 ply heavy duty truck tires ... 4 8x5 Pennsylvania 8 ply heavy duty truck tires ........ 31,50 -88x7 Miller heavy duty truck fires ...........0++++0p2+ 70.50 36x6 Pennsylvania heavy duty truck tires,.... 30x6.00 Miller balloons .....:..242-ne++s+ssmeiseeean ae 38x6.00 Pennsylvania balloons ............ canes coveeees 19,25 82x6.75 Pennsylvania balloons ..........-..++. ‘Tube patching outfits, regular 35 cent seller:.....-...... 30x4.95 tubes .... 80x5.25 tubes ........++-. B1x5.25 tubes... .-peegeesees eres 205 RIES AT A Opinion of the court by Burr, J. Craven & Cummings, of Ca attorneys for pl: nt, Morton, of Carrington, N. ys for defendant and ap- North Dakota, REVERSED. Opinion of the court by Burke, J. Peter /.. Winter, ppellants, McCh FROM RENVILLE COUNTY Norma State Bank, Norma, North Dakota, a corporation, FROM RAMSEY COUNTY .as Receiver of the State © ‘olford, North Dakota, | Plaintiff and Appellant -vs- Northwestern Trust company, a cor- fendant and Respondent. (1) Where a fidel loye » stipulates that cover losses‘ sus- -Vs- Amos Melin and Isaac Melin, co- partners as Melin Bros., Defendants and Appellants. (1) Where the defense of condi- tional delivery is interposed in an action on a promissory note, and it appears that the mal note for stock in a corporatio: there- after to be organized, and it further appears that there was an ation, at whicl. the make note was elected _secreta thereafter he participated in voicing of a stock of was purchased by said organizati ton, 8958 of ian paid | for with promissory rat as accompa: the within the ex- | curity — lity bond, boot the one in ‘su’ the maker of the note, if the note was delivered conditional, Se teas test he dct \antectase. el a o* was" Appeal from the” Distret County, Hon. W. J. Knee- Juige. Opinion of the court by Burke, J. i : z iH F Hy g F 5 ¢ | 81x6.00 tubes. OF OLDSMOBILE ACCESSO have a large stock of OLDSMOBILE & Hanchett, Val- | Dakota. ALSO. A GREAT NUMBER.