Ahlstrom v. Fitzpatrick
Montana Supreme Court
Appeal from the Sixth Judicial District, Meagher County. Action for services rendered. Judgment was rendered for plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. The plaintiff brought this action to recover $2112 for work, labor, and services as a farm hand performed for the defendant.
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Appeal from the Sixth Judicial District, Meagher County. Action for services rendered. Judgment was rendered for plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. The plaintiff brought this action to recover $2112 for work, labor, and services as a farm hand performed for the defendant. The answer of the defendant set up that on the 24th of July, 1893, he had funds in the First National Bank- of Helena, in an amount more than $312; that on that day he gave to the plaintiff his checks on his funds in that bank for $312; at that time the bank was doing…
1Opinion of the CourtDe Witt, J.
The question in this case is, did the answer present an issue? We are of opinion that it did not, and that the judgment on the pleadings was correct. Appellant correctly contends that forbearance is a valuable consideration for a promise. But there is a question in the case as to whether there was a consideration for the forbearance. Was the agreement to employ Ahlstrom a consideration for the forbearance, or was it not true that the services of Ahlstrom were a consideration for the $30 per month, and the $30 per month a *297consideration for the services, and did not these mutual considerations…
2Cases cited6 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Smiley v. DeweyOhio Supreme Court · 1848
- Bank of Utica v. IvesNew York Supreme Court · 1837
- Boardman v. LarrabeeSupreme Court of Connecticut · 1883
- Hale v. ForbisMontana Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lucas v. Federal Reserve Bank of RichmondCourt of Appeals for the Fourth Circuit · 1932
- Orem v. Hansen Packing Co.Montana Supreme Court · 1932
- Donovan v. Bull Mountain Trading Co.Montana Supreme Court · 1921