Guilford School District No. 3 v. Dakota Trust Co.

North Dakota Supreme Court
Guilford School District No. 3 v. Dakota Trust Co., 47 N.D. 235 (N.D. 1921)
181 N.W. 589; 1921 N.D. LEXIS 92
Birdzeix, Bronson, Christianson, Grace, Robinson

Guilford School District No. 3 v. Dakota Trust Co.

Opinion of the Court

Per Curiam.

This cause was heretofore before this court; 46 N. D. 307, 178 N. W. 727. The same question of law is involved in this case as has just been considered in Stutsman County v. Dakota Trust Co. ante, 228, 181 N. W. 586. The decision in that case governs in this case. It is accordingly ordered that the judgment be modified by the allowance of interest at 7 per cent per annum upon the principal demand until July 1, 1915, and thereafter at 6 per cent per annum, and, as so modified, that it be affirmed. Neither party will recover costs upon this appeal.

Robinson, Oh. J., and Bronson, Christianson, and Birdzeix, JJ., concur.

Dissenting Opinion

Grace, J.

(dissenting). I disagree with the conclusion arrived at by the majority opinion. The reasons for my dissent in this case are largely similar to those stated in Stutsman County v. Dakota Trust Co. ante, 228, 181 N. W. 586.

Reference

Full Case Name
GUILFORD SCHOOL DISTRICT NO. 3, OF STUTSMAN COUNTY, STATE OF NORTH DAKOTA, a Political Corporation v. DAKOTA TRUST COMPANY, a Corporation
Status
Published