752ef304047d1983None
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Kensal and Manhaven Banks Pay Dividends A dividend of 10 per cent to be paid to the creditors of the Security State Bank of Kenşal, N. D., through C. W. Conroy, district manager at Devils Lake, was announced here today by L. R. Baird, state bank receiver. Baird also announced a 10 per cent dividend to creditors of the Mercer County State Bank, Manhaven, N. D., to be paid by E. S. DeLaney, district manager at Bismarck.
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Mannhaven Bank to Pay Dividend A 10 per cent dividend to depositors of the Mercer county state bank of Mannhaven was announced today by L. R. Baird, receiver of state banks. A previous dividend of 10 per cent already haz been paid. Payment will be made through E. S. Delaney, district manager for the receiver at Bismarck.
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# L. R. Baird vs. John Unterseher Jr. ciation exists for the benefit of the public and no profit inures to the members. 2. That North West Agricultural, Live Stock and Fair Association, organized under the provisions of chapter 217 of the Session Laws of 1923, is not a public corporation nor is it immune from suit in tort. 3. Where a demurrer to the complaint is based solely on the ground that this defendant is an arm or agency of the government, and therefore a public corporation, it is proper to overrule such demurrer. (Syllabus by the court.) Appeal from the district court of Ward county, Hon. Geo. H. Moellring, J. Affirmed. Opinion of the court by Burr, J. McGee & Goss, Sinkler and Brekke of Minot, N. D., attorneys for plaintiff and respondent. Halvor L. Halvorson of Minot, N. D., attorney for defendant and appellant. L. R. Baird, as receiver of the Mercer County State Bank, Manhaven, North Dakota, plaintiff and respondent, vs. John Unterseher Jr. and Gust Schlender, defendants; Gust Schlender, appellant. 1. Upon an appeal from an order granting a new trial, when the motion is made upon several grounds, the question is not whether the trial judge was warranted in granting it upon a single ground, but is rather whether upon the whole record and upon any of the grounds urged, it should have been granted. The presumption is that the order was properly granted and the burden is upon the appellant to show that none of the grounds urged in the motion was sufficient. Davis v. Jacobson, 13 N. D. 430, 101 N. W. 314. 2. An order granting a motion for new trial on the ground of the insufficiency of the evidence to sustain the verdict, of newly discovered evidence, or of accident or surprise, is one which is within the sound discretion of the trial court and will not be disturbed unless it appears there was an abuse of that discretion. 3. The record in the instant case examined, and held, for reasons stated in the opinion, that it does not appear that there was an abuse of discretion on the part of the trial court in granting plaintiff's motion for a new trial. (Syllabus by the court.) Appeal from the district court of Mercer county, Hon. H. L. Berry, judge. Action on a promissory note. From an order granting the plaintiff's motion for a new trial, defendant appeals. Affirmed. Opinion of the court by Nuessle, J. Hyland & Foster of Bismarck for appellant. Zuger & Tillotson of Bismarck for respondent. John P. Grady, plaintiff and respondent, vs. J. O. Hansel, defendant and appellant; Western Lumber and Grain Company, a corporation, garnishee and appellant. 1. The voluntary payment of a judgment by the judgment debtor waives the right of appeal therefrom, but where the payment is made under coercion or duress there is no waiver. 2. One who moves to dismiss an appeal on the ground that the judgment from which the appeal was taken has been paid has the burden of showing that the payment was voluntary. Held, for reasons stated in the opinion, that it does not appear in the instant case that the judgment from which the appeal was taken was voluntarily paid. (Syllabus by the court.) Appeal from the district court of Hettinger county, Hon. H. L. Berry, judge. Reversed. Opinion of the court by Nuessle, J. Jacobson & Murray of Mott for ap-