Page:North Dakota Reports (vol. 1).pdf/525

 A rehearing was granted and the decision of the court on the rehearing was handed down March 16, 1891

, J. This is an appeal from a judgment in favor of the plaintiff for $3,210.68. The complaint is as follows: “The plaintiff alleges First. That plaintiff is, and at the times hereinafter mentioned was, a corporation duly created, organized and existing under and by virtue of: the laws of the state of Minnesota, and doing business as such at Gull River, Minnesota; that defendant is, and at the times hereinafter mentioned was, a corporation duly created, organized and existing under and by virtue of the laws of the territory of Dakota, and doing business as such in the county of Barnes, territory of Dakota. Second. That on or about the 2d day of August and 11th day of September, 1882, respectively, defendant, for value, made, executed, and delivered to one J. C. Drake its two certain orders or warrants upon its treasurer as follows: ‘No.1. Territory of Dakota. Aug. 2, 1882. Treasurer of school district No. 39 of Barnes county: Pay to J.C. Drake, or bearer, one thousand dollars out of any moneys in the district treasury belonging to the building fund not otherwise appropriated, for building school house. F. H. Abbott, District Clerk. A. T. Anderson, Director. $1,000.00.’ ‘No. 3. Territory of Dakota. Sept. 11, 1882. Treasurer of school district No. 39 of Barnes county: Pay to J. C. Drake, or bearer, eleven hundred and forty-six dollars and seventy-four cents out of any moneys in the district treasury belonging to the school house fund, not otherwise appropriated, for building school house. F. H. Abbott, District Clerk. A. T. Anderson, Director. $1,146.74.' Third. That on the said 2d day of August and 11th day of September, 1882, respectively, said J. C. Drake duly presented said orders for payment to Clemens Schmidt, treasurer of defendant; that payment of the same was on said date refused, and the following endorsement made upon the backs of the same on said dates: ‘Presented for payment, and not paid for want of funds; payable at the First National Bank of Valley City, with interest at 10 per cent. per annum. Clemens Schmidt, Treas., School District No. 39, Barnes Co., D. T.’ Fourth. That thereafter, during the year 1882, (the precise date plaintiff cannot now state)