Legal Opinion

First National Bank of Butte v. Silver

Montana Supreme Court

Decided March 18, 1912No. 3,087PublishedCited by 15 opinions

Appeal from, District Court, Silver Bow County; J eremiah J. lynch, Judge. Action by the First National Bank of Butte against J. R. Silver. From a judgment for plaintiff on the pleadings, defendant appeals. submitted a brief and argued the cause orally. In an action for the breach of a contract it is necessary to allege that the contract has been broken; and there is no difference in this respect between a promissory note and other contracts.

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Appeal from, District Court, Silver Bow County; J eremiah J. lynch, Judge. Action by the First National Bank of Butte against J. R. Silver. From a judgment for plaintiff on the pleadings, defendant appeals. submitted a brief and argued the cause orally. In an action for the breach of a contract it is necessary to allege that the contract has been broken; and there is no difference in this respect between a promissory note and other contracts. The failure to pay constitutes the breach, and must be alleged. (Frisch v. Caler, 21 Cal. 71; Brown v. Orr, 29 Cal. 120; Davanay v. Eggenhoff, 43 Cal.…

1Opinion of the CourtJustice Holloway

This action was brought to enforce payment of a promissory note dated December 16, 1905, due on demand, and executed and delivered by defendant and one John Eakins to the plaintiff. Before the action was commenced, Eakins died. The complaint, after alleging the execution and delivery of the note, contains, in paragraph 3, the following: “That prior to the commencement of this action plaintiff demanded of the defendant the payment of said promissory note, and that the defendant has at all times failed, refused, and neglected to pay said promissory note or any part or portion thereof, and that…

2Cases cited3 opinions

  1. Yancey v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  2. Krueger v. SpeithMontana Supreme Court · 1889
  3. Galvin v. Mac Mining & Milling Co.Montana Supreme Court · 1894

3Cited by15 opinions

  1. Scott v. WaggonerMontana Supreme Court · 1914
  2. Stagg v. StaggMontana Supreme Court · 1931
  3. R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
  4. Mares v. MaresMontana Supreme Court · 1921
  5. Silver v. EakinsMontana Supreme Court · 1918

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