Largey v. Chapman
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Bounty. Action to recover money paid by plaintiff as surety for defendants. Judgment on the pleadings was rendered for the defendants below by McHatton, J.
1Opinion of the CourtDe Witt, J.
After the filing of the complaint, answer and replication the defendants moved to dismiss the action. This motion was granted and judgment entered in favor of defendants. This action of the court was in effect giving judgment upon the pleadings.
The action was commenced against the defendants John Astle and J. W. Chapman. The complaint stated that plaintiff had signed two notes with the defendants and that he, plaintiff, was in fact only surety for the defendants, and as such has been obliged to pay the notes. He sought in this action to recover the money so paid.
Without reciting the pleadings…
2Cases cited13 opinions
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- Stackpole v. HallahanMontana Supreme Court · 1895
- Barbieri v. RamelliCalifornia Supreme Court · 1890
- Murray v. HeinzeMontana Supreme Court · 1895
- Bell Silver & Copper Mining Co. v. First National BankSupreme Court of the United States · 1895
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3Cited by15 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Stadler v. First National BankMontana Supreme Court · 1899
- State Savings Bank v. AlbertsonMontana Supreme Court · 1909
- State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.