Lawrence v. Westlake
Montana Supreme Court
• Appeal from District Court, Silver Boio County; John IAnd-say, Judge. ActioN by David Lawrence against Edward Westlake, A. W. Gratton, and Anna M. Westlake. Judgment for plaintiff. Erom an order denying a new trial, defendant Anna M. West-lake appeals. STATEMENT OE THE CASE.
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• Appeal from District Court, Silver Boio County; John IAnd-say, Judge. ActioN by David Lawrence against Edward Westlake, A. W. Gratton, and Anna M. Westlake. Judgment for plaintiff. Erom an order denying a new trial, defendant Anna M. West-lake appeals. STATEMENT OE THE CASE. Tbis action was commenced by tbe plaintiff, Lawrence, to recover tbe sum of $397.79 from tbe defendants, A. W. Grat-ton, Edward Westlake and Anna M. Westlake, on an account stated for goods, wares and merchandise sold and delivered to, and for money paid for the use and benefit of, such defendants between May, 1895, and…
1Opinion of the CourtJustice Holloway
Instruction No. 14 above is fatally defective.
1. The jury is told that this is an action brought by a third person against a copartnership to enforce a copartnership liability. One of the principal issues raised by the pleadings, and upon which the evidence is in irreconcilable conflict, was whether or not a copartnership- of which the answering defendant was a member had any existence in fact, and, if so-, whether there was any copartnership liability, and, notwithstanding this issue, both questions are determined by the court in its in*506structions, leaving the jury practically nothing to…
2Cases cited7 opinions
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Butte & Boston Mining Co. v. Societe Anonyme des Mines de LexingtonMontana Supreme Court · 1899
- State v. MasonMontana Supreme Court · 1900
- Parrin v. Montana Central Railway Co.Montana Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gallick v. BordeauxMontana Supreme Court · 1904
- Aquettaz v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Montana Supreme Court · 1937
- State v. HayMontana Supreme Court · 1948