Bennighoff v. Robbins
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by George F. Bennighoff against E. L. Robbins, as executor of the estate of John D. Losekamp, deceased. From a judgment for defendant, and an order denying plaintiff’s motion for new trial, plaintiff appeals.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by George F. Bennighoff against E. L. Robbins, as executor of the estate of John D. Losekamp, deceased. From a judgment for defendant, and an order denying plaintiff’s motion for new trial, plaintiff appeals. The agreement in suit is not affected by the statute of frauds for the following reasons: 1. The elements of an agreement to answer for the debt, default or miscarriage of another are lacking. The rule is stated in Browne on Statute of Frauds, paragraph 188, as follows: “The statute applies to promises to pay…
1Opinion of the CourtJustice Sanner
In this case the trial court found as follows:
"I. That John D. Losekamp, deceased, in his lifetime, and the plaintiff, while each of said persons were directors and stockholders of the hereinafter named corporation, and prior to the *71disbursement of any funds thereunder, entered into an oral agreement between themselves that they would finance the Eastern Montana Electric Railway Company, personally advancing sufficient funds to meet and discharge its obligations, then existing or which thereafter might be incurred, and, in the event of either of said parties failing to obtain reimbursement…
2Cases cited13 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Clapp v. WebbWisconsin Supreme Court · 1881
- Goldie-Klenert Distributing Co. v. BothwellWashington Supreme Court · 1912
- McGowan Commercial Co. v. Midland Coal & Lumber Co.Montana Supreme Court · 1910
- O'Rourke v. Grand Opera House Co.Montana Supreme Court · 1913
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