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FROM MCHENRY COUNTY
The Anamoose National Bank, a corporation,
Plaintiff and Respondent
-VS-
Jacob J. Dockter, et al, Michael Dockter and J. M. Cockter,
Defendants and Appellants.
SYLLABUS:
(1) Parol evidence is admissible to show whether a party is an accommodation party on a negotiable instrument, and also, to determine which party is accommodated.
(2) When there is a dispute in the evidence, the question of whether a negotiable instrument is for the accommodation of the payee or some other party is a question of fact for the jury.
(3) Notes made payable to a bank for the sole purpose of deceiving the bank examiner, are for the accommodation of the bank, without consideration, and the bank as a going concern cannot recover thereon.
Appeal from the District Court, McHenry County, North Dakota, Hon. C. W. Buttz, Judge.
REVERSED.
Opinion of the court by Burke, J.
Peter /.. Winter, attorney for Appellants, McClusky, North Dakota.
Wooledge & Hanson, attorneys for Respondent, Minot, North Dakota.
FROM RAMSEY COUNTY
L. R. Baird, as Receiver of the State Bank of Wolford, North Dakota, a corporation,
Plaintiff and Appellant
-VS-
Northwestern Trust company, a corporation,
Defendant and Respondent.
SYLLABUS:
(1) Where a fidelity bond, bonding an employe of a domestic banking corporation, stipulates that such bond shall cover losses sustained during the term of the bond and discovered at any time within six months after the expiration or cancellation thereof, the fact that during the term of such bond the bank becomes insolvent and is closed and no receiver is appointed therefor until after the expiration of the term of the bond, does not extend the time within which discovery must be made six months after the date of the appointment of the receiver.
(2) Where a fidelity bond, bonding an employe of a domestic banking corporation, stipulates that such bond shall cover losses sustained during the term of the bond and discovered at any time within six months after the expiration or cancellation thereof, and neither notice of loss given nor proof of claim filed states the time of discovery of the loss, the surety does not waive the right to contest liability under the bond by its conduct in permitting the insured to give notice of claim, file proof of loss and submit the books and records of the bank for examination without advising the insured that it tends to rely upon the terms of the bond requiring loss to be discovered within six months after the date of the expiration or cancellation thereof.
(3) A
