Page:North Dakota Reports (vol. 2).pdf/94

 plaintiff accepted the note and advanced the money with full knowledge of all the facts above stated. The answer further avers that the note was given with the consent and approval of Pender, and that the plaintiff accepted the paper and advanced the money, knowing that Pender consented and approved of making the note as it was made. The action was tried by a jury. The plaintiff put in evidence the note described in the complaint. A witness in plaintiff's behalf testified that he had computed the interest on the note at 7 per cent. per annum from its maturity until the date of the trial, and that such interest amounted to the sum of $68.59. The witness further testified in substance that he had computed the interest at 7 per cent. after the note fell due, because the legal rate in North Dakota is 7 per cent. upon overdue claims. On cross-examination, and against the plaintiff's objection, the witness was required to testify concerning the laws of the state of Minnesota regulating interest, where the note was made payable. Plaintiff objected to all cross-examination and testimony concerning the rate of interest in the state of Minnesota, upon the ground that the law governing the case was the law of the place of trial; that the presumption of law is that the law of another state is the same as that of the forum. Counsel for defendant then conceded that the legal rate of interest in Minnesota is 7 per cent. The plaintiff rested the case upon said testimony, whereupon the defendant moved the trial court that the plaintiff be non-suited on the following grounds: First, that there is no competent evidence showing the amount claimed by the plaıntiff to be due on the alleged note; second, as appears from the note itself, or certain words in the note, there is an ambiguity in its terms which has not been explained; third, there is no evidence in this case that the obligation claimed to have been signed by the defendant imports an obligation on his part to pay the amount specified at all events. The court sustained the motion of defendant and directed the jury to return a verdict for the defendant, to which rulings plaintiff, by its counsel, duly excepted. A statement of the case was settled, which embodied the above rulings, and upon which plaintiff moved for a new trial. The motion being denied, and judgment being entered