Lomme v. Kintzing
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. The facts aré stated in the opinion. The complaint alleged “that, on tbe 1st day of July, A. D. 1869, the said defendants were copartners, doing business at the town of Helena, county and Territory aforesaid, under the firm name of B. C. Kintzing & Co.; that, on the day and year aforesaid, the said defendants, copartners as aforesaid, were indebted unto this plaintiff in the sum of $4,384.89, balance due for money…
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Appeal from the Third District, Lewis and Clarice County. The facts aré stated in the opinion. The complaint alleged “that, on tbe 1st day of July, A. D. 1869, the said defendants were copartners, doing business at the town of Helena, county and Territory aforesaid, under the firm name of B. C. Kintzing & Co.; that, on the day and year aforesaid, the said defendants, copartners as aforesaid, were indebted unto this plaintiff in the sum of $4,384.89, balance due for money lent and advanced by plaintiff to the defendants, and for money had and received by the said defendants for the use and…
1Opinion of the CourtWaeren, C. J.
The court below, in this case, on motion of the plaintiff, rendered judgment on the pleadings, from which the defendants appeal. Under our practice, where an answer raises no material issue, the plaintiff may either move that it be stricken out as sham and irrelevant, or move for judgment. This is an action upon an account against the defendants, as copartners, under the firm name of B. C. Kintzing & Co., in the town of Helena and Territory of Montana. The separate amended answer of B. C. Kintzing denies the partnership under the style and at the time and place alleged; denies indebtedness of…
2Cited by6 opinions
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- Porter v. Industrial Printing Co.Montana Supreme Court · 1901
- Victor Refining Co. v. City Nat. Bank of CommerceCourt of Appeals of Texas · 1924
- Horton v. RobertSupreme Court of Puerto Rico · 1906
- State v. HartMontana Supreme Court · 1982
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