Legal Opinion

Brophy v. Downey

Montana Supreme Court

Decided January 13, 1902No. 1,381PublishedCited by 15 opinions

Appeal from District Court, Silver Boiv County; John Lindsay, Judge. ActioN by Patrick J. Brophy against Patrick Downey and wife. From an order granting a new: trial after a nonsuit,, defendants appeal.

1Opinion of the CourtJustice Pigott

Action by the plaintiff, as assignee, upon a promissory note-made by the defendants to J. H. Smith & Co. on December 16,. 1891. The complaint states the execution, assignment and non-payment of the note, and judgment is demanded for the-amount thereof. The only defense pleaded which need be-mentioned is to the effect that the defendants at the time they made the note executed a mortgage on land to: secure its payment, and that the mortgage has not been foreclosed. The plaintiff treats the plea as stating facts sufficient to- constitute, a defense, and we shall assume that it does. No reply…

2Cases cited8 opinions

  1. Brown v. . VolkeningNew York Court of Appeals · 1876
  2. Sichler v. LookCalifornia Supreme Court · 1892
  3. Smith v. . RobertsNew York Court of Appeals · 1883
  4. Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
  5. Savings Bank of San Diego v. Central Market Co.California Supreme Court · 1898

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3Cited by15 opinions

  1. Cornish v. WoolvertonMontana Supreme Court · 1905
  2. State Savings Bank v. AlbertsonMontana Supreme Court · 1909
  3. Barth v. ElyMontana Supreme Court · 1929
  4. Leffek v. LuedemanMontana Supreme Court · 1933
  5. State v. SmithMontana Supreme Court · 1920

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