130 N.W. 829 | N.D. | 1911
The allegations of the complaint, admitted by the demurrer, may he epitomized as follows: Plaintiff voluntarily, and with full knowledge of the facts, executed and delivered to defendant his negotiable promissory note, without consideration; and the latter, with such knowledge, accepted the same. Thereafter and before its maturity defendant transferred the same in due course and for value to an in
If, prior to the negotiation of such note by defendant, plaintiff had
On the argument in this court respondent’s counsel requested that permission to amend the complaint be given in the event a decision is reached adverse to his contention. Such application must, of course, be addressed to the district court after the remittitur has been filed in that court. Permission to make such application is hereby granted.
Por the above reasons the order appealed from is reversed and the cause remanded for further proceedings according to law.