Legal Opinion

Fortman v. Leggerini

Montana Supreme Court

Decided September 30, 1915No. 3,403PublishedCited by 4 opinions

Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by C. H. Fortman against John Leggerini. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Reversed and remanded, with, directions. The facts in evidence bring this suit •within the case of McGowan Com. Go. v. Midland Coal etc.

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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by C. H. Fortman against John Leggerini. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Reversed and remanded, with, directions. The facts in evidence bring this suit •within the case of McGowan Com. Go. v. Midland Coal etc. Co., 41 Mont. 211, 108 Pac. 655. We respectfully submit that the evidence presented brings it squarely within the case of Meldrum v. Kenefick, 15 S. D. 370, 89 N. W. 863. In that case the defendant had a conversation with plaintiff with respect to…

1Opinion of the CourtJustice Sannee

delivered tbe opinion of tbe court.

This action originated in the justice’s court of Helena township. The plaintiff filed as his complaint an account showing a balance for goods, wares and merchandise “sold to Stagnoli & Guidi, guaranteed by John Leggerini.” The defendant answered in writing, denying any indebtedness to the plaintiff, and specifically denying that he had guaranteed the payment of any sum of money to the plaintiff for or on account of Stagnoli & Guidi. On these pleadings the cause was tried before the justice of the peace, as also in the district court, whither it came on…

2Cases cited2 opinions

  1. McGowan Commercial Co. v. Midland Coal & Lumber Co.Montana Supreme Court · 1910
  2. Kalispell Liquor & Tobacco Co. v. McGovernMontana Supreme Court · 1906

3Cited by4 opinions

  1. Fergus County Hardware Co. v. CrowleyMontana Supreme Court · 1920
  2. Mutch & Young v. PowersMontana Supreme Court · 1922
  3. Breidenbach v. Upper Valley Orchards Co.Montana Supreme Court · 1920
  4. Bennighoff v. RobbinsMontana Supreme Court · 1917

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