Legal Opinion

International Harvester Co. v. Merry

Montana Supreme Court

Decided July 1, 1921No. 4,341PublishedCited by 7 opinions

Appeal from District Court, Prairie County, in the Sixteenth Judicial District; Jos. C. Smith, a Judge of the Fifth District, presiding. Action by the International Harvester Company against Myra Day Merry and others. Judgment for plaintiff. From an order granting new trial, plaintiff appeals.

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Appeal from District Court, Prairie County, in the Sixteenth Judicial District; Jos. C. Smith, a Judge of the Fifth District, presiding. Action by the International Harvester Company against Myra Day Merry and others. Judgment for plaintiff. From an order granting new trial, plaintiff appeals. A new trial was granted solely on the naked legal ground that, apart from the pretended defense of fraud which was held insufficient, and apart from the defenses specifically waived in open court, there still remained one or more defenses pleaded by general denial in the answer, under which defendants…

1Opinion of the CourtJustice Cooper

This action was brought to enforce payment of a promissory note in the sum of $4,437.77, and to foreclose a mortgage upon the real estate of defendants, situated in Custer county.

The complaint alleges that defendants have failed to pay the principal or interest due thereon, except the sum of $128.20 indorsed on the note. The answer denies that the note and *502mortgage were ever delivered to plaintiff, or that it now possesses or owns the same, or that the sum of $128.20 is the full amount to which credit should be given them thereon. Affirmatively defendants allege that on September 14, 1912,…

2Cases cited4 opinions

  1. Rheingans v. SmithCalifornia Supreme Court · 1911
  2. Holton v. NobleCalifornia Supreme Court · 1890
  3. O'Donnell v. City of ButteMontana Supreme Court · 1911
  4. Hickman v. JohnsonCalifornia Court of Appeal · 1918

3Cited by7 opinions

  1. Gallatin Trust and Savings Bank v. HenkeMontana Supreme Court · 1969
  2. Hodgkiss v. Northland Petroleum ConsolidatedMontana Supreme Court · 1937
  3. Downs v. NihillMontana Supreme Court · 1930
  4. Cuckovich v. BuckovichMontana Supreme Court · 1928
  5. Howe v. MessimerMontana Supreme Court · 1929

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