Stewart v. Budd
Montana Supreme Court
Appeal from the District Court, Gallatin County. The answer admits the due execution of the note and its non-payment, since a mere denial of indebtedness, even if well pleaded, raises no issue. Power v. Gum, 6 Mont. 5; Higgins v. Germaine, 1 Mont. 230; Wells v. McPiJce, 21 Cal. 216. The pretended denial of indebtedness, even if material, is bad for two reasons: it is in the conjunctive, and follows the language of the complaint.
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Appeal from the District Court, Gallatin County. The answer admits the due execution of the note and its non-payment, since a mere denial of indebtedness, even if well pleaded, raises no issue. Power v. Gum, 6 Mont. 5; Higgins v. Germaine, 1 Mont. 230; Wells v. McPiJce, 21 Cal. 216. The pretended denial of indebtedness, even if material, is bad for two reasons: it is in the conjunctive, and follows the language of the complaint. Doll v. Good, 38 Cal. 287; Fish v. Redington, 31 Cal. 186. The attempt by defendant to plead the statute of limitations does not meet the requirements of our statute.…
1Opinion of the CourtDe Wolfe, J.
This was an action brought by plaintiff against the administrator of James B. Stewart, deceased, on a promissory note made by said Stewart in his lifetime, and one Arch McKinley, for $920. Said note was set out in the complaint, and was as follows:—
*576“Virginia City, Montana, December 16, 1873.
“For value received, we'promise to pay Finley Stewart the sum of $920 (nine hundred and twenty dollars), one year after date. Interest at the rate of one per cent per month until paid. “J. B. Stewart.
“Arch McKinley.”
On which note were the following indorsements:—
“April 1,1877. Received on the within note…
Also in this document: Concurrence.
2Cases cited3 opinions
- Doll v. GoodCalifornia Supreme Court · 1869
- Power v. GumMontana Supreme Court · 1886
- Wells v. McPikeCalifornia Supreme Court · 1862
3Cited by4 opinions
- Whereatt v. WorthWisconsin Supreme Court · 1900
- Davis v. Sullivan Gold Mining Co.Montana Supreme Court · 1936
- Hoffman v. Board of County CommissionersMontana Supreme Court · 1896
- Novak v. NovakMontana Supreme Court · 1963