Acme Harvesting Machine Co. v. Benedict
Montana Supreme Court
Appeal from District Court, Fergus County; H. Leonard De Kalb, Judge. Action by tbe Acme Harvesting Machine Company against M. J. Benedict. From a judgment for plaintiff and an order denying defendant "a new trial, the latter appeals.
1Opinion of the CourtJustice Cooper
This action was instituted by respondent to recover the sum of $247.03 for certain goods, wares and merchandise. Appellant admits the purchase of goods of the value of $357.49, but defends the action upon the ground that he had executed a deed of assignment of all his property for the benefit of his creditors to Andrew J. Brower, as his assignee, and that all of his creditors consented in writing thereto. He alleges affirmatively that 30.9 per cent of $357.49 was paid by the assignee and, by virtue of the acceptance of $110.46 and the execution of a receipt by plaintiff, a complete release…
2Cases cited4 opinions
- Durfee v. HarperMontana Supreme Court · 1899
- Emerson v. GerberMassachusetts Supreme Judicial Court · 1901
- Detroit Stove Works v. OsmunMichigan Supreme Court · 1889
- Howlett v. MillsIllinois Supreme Court · 1859