83 N.W. 237 | N.D. | 1900
This case was commenced in the District Court of Grand Forks county to recover the sum of $30 and interest as due and unpaid upon a certain promissory note executed and delivered by the defendant to the Realty, Revenue Guaranty Company, a Minnesota corporation, which note the complaint alleges was indorsed to the plaintiffs for a valuable consideration, before maturity, in good faith, and in the ordinary course of business, and is wholly unpaid. The case was submitted to the court without a jury, and without other evidence than that furnished by a written stipulation of facts signed by counsel, to which reference will hereafter be made. The trial court made the written stipulation of facts its findings of fact, and as a conclusion of law therefrom found that plaintiffs were entitled to judgment as prayed for in their complaint, and judgment was accordingly entered in their favor. An appeal has been perfected to this court from the judgment.
Further discussion is not necessary. From what has already been stated, it will be seen that our decision rests upon facts which have been agreed to for the purposes of this case, and this case alone, and that our determination can have no value as a precedent in any other case unless the same facts exist either by stipulation or are established by competent evidence. The written stipulation of facts presented to the trial court, which were made its findings of fact, differed in form from, but in legal effect amounted to, a confession of judgment by the defendant. They were certainly broad enough to make a case for the plaintiffs, and to effectually cut off the defendant’s defense. The trial court did not, therefore, err in ordering judgment for the plaintiff, and the same is accordingly affirmed.