Josephi v. Mady Clothing Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action upon an account. The cause was tried before Buck ánd Hunt, JJ., sitting concurrently. Plaintiffs had judgment below. Statement of the case prepared by the judge delivering the opinion. The plaintiffs brought this action to recover judgment for one thousand two hundred and eighty-three dollars and fifty cents, on account of goods sold and delivered to defendant, a corporation.
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Appeal from First Judicial District, Lewis and Clarice County. Action upon an account. The cause was tried before Buck ánd Hunt, JJ., sitting concurrently. Plaintiffs had judgment below. Statement of the case prepared by the judge delivering the opinion. The plaintiffs brought this action to recover judgment for one thousand two hundred and eighty-three dollars and fifty cents, on account of goods sold and delivered to defendant, a corporation. There was an unexpired credit upon the account. The plaintiffs brought the action under the following provision of section 183 of the Code of Civil…
1Opinion of the CourtDe Witt, J.
Upon the trial of the case the defendant objected to the evidence in reference to the alleged fraudulent disposition of the property, upon the ground that the affidavit setting it forth was defective. The affidavit set forth the fraudulent intent in the language of the statute. The defendant’s objection was that the affidavit states no facts within the statutory requirements. Thereupon the plaintiffs asked leave to amend their affidavit, which leave was granted by the court, and they then and there incorporated into the affidavit five paragraphs of the complaint, including paragraphs 3,4, and…
2Cases cited5 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- Douglass v. KraftCalifornia Supreme Court · 1858
- Hutchinson v. Superior CourtCalifornia Supreme Court · 1882
- Langstaff v. MilesMontana Supreme Court · 1885
- Magee v. FogertyMontana Supreme Court · 1886
3Cited by7 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Newell v. WhitwellMontana Supreme Court · 1895
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1919
- S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
- Scott v. PrescottMontana Supreme Court · 1924
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