GUARANTY CORP. v. ZELLER, 62 N.D. 43 (1932)

241 N.W. 293

GUARANTY CORPORATION, a Corporation, Appellant, v. THEO. L. ZELLER and Agricultural Credit Corporation of Fargo, a Corporation, Defendants. THEO. L. ZELLER, Respondent.

File No. 6022.Supreme Court of North Dakota.
Opinion filed February 27, 1932.

Appeal from the County Court of Cass County, Paulsen, J.

Affirmed.

William Maloney, for appellant.

Jacobsen Murray, and Holt, Frame Nilles, for respondent.

PER CURIAM.

This case is identical with the case of Guaranty Corp. v. Steigman, ante, 70, 241 N.W. 291, except as to date and amount of the note and the amount remaining due. A motion identical with that in the Steigman case was made supported by the same showing,

Page 44

and a like order was entered. The appeal is therefore controlled by the same principles.

For the reasons stated in Guaranty Corp. v. Steigman, supra, the order appealed from is affirmed.

CHRISTIANSON, Ch. J., and BIRDZELL, NUESSLE, BURR and BURKE, JJ., concur.