I concur in the opinion prepared by Mr. Justice MORRIS; but I concur in the rule announced in paragraph one of the syllabus solely because that has become the rule of law in this state by virtue of the decision of this court in Dickinson v. First Nat. Bank, 64 N.D. 273, 252 N.W. 54, 93 A.L.R. 739. The views I expressed in my dissenting opinion in that case have not been altered. *Page 167