Williston v. Camp
Montana Supreme Court
Appeal from Third Judicial District, Yellowstone Comity. The cause was tried before Liddell, J., without a jury. STATEMENT OP THE PACTS.
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Appeal from Third Judicial District, Yellowstone Comity. The cause was tried before Liddell, J., without a jury. STATEMENT OP THE PACTS. The plaintiff Williston sued the defendants as copartners on a promissory note for $3,000, which the complaint alleges the defendants executed on the fifteenth day of January, 1887, payable to the order of the Williston-Camp Company, a corporation, one day after date, with one per cent interest per month, and attorney’s fees if collected by suit. The plaintiff sues as the assignee of the note. The answer is a denial of indebtedness or any liability on the…
1Opinion of the CourtDe Wolfe, J.
The first question presented for determination is the correctness of the ruling of the court in permitting the amendment of the complaint, after the evidence was all in, so as to make the complaint correspond with the proofs adduced. This the defendants allege as error, claiming that the amendment changed the nature of the action from one on a promissory note to an action for money loaned, or money had and received, and the amendment called for an answer different from that made to the action on the note. The objection we think specious, rather than real. The amendment asked and granted did…
2Cases cited5 opinions
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- Kelly v. CrawfordSupreme Court of the United States · 1867
- Pleasants v. MengSupreme Court of the United States · 1788
- Wells v. EllisCalifornia Supreme Court · 1885
- Eaton v. TaylorMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
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- Leggat v. PalmerMontana Supreme Court · 1909