Knippenberg v. Greenwood Mining & Milling Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Coimty; Geo. M. Bourquin, Judge. Action by Henry Knippenberg against the Greenwood Mining & Milling Company and others. From a judgment for defendant T. J. Bennetts, and from an order denying a new trial, plaintiff appeals. The admission of oral evidence showing that Bennetts was not personally liable, was error. (See Burlingame v. Brewster, 79 111. 515, 22 Am.
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Appeal from District Court, Silver Bow Coimty; Geo. M. Bourquin, Judge. Action by Henry Knippenberg against the Greenwood Mining & Milling Company and others. From a judgment for defendant T. J. Bennetts, and from an order denying a new trial, plaintiff appeals. The admission of oral evidence showing that Bennetts was not personally liable, was error. (See Burlingame v. Brewster, 79 111. 515, 22 Am. Rep. 177; Heffner v. Brownell, 70 Iowa, 591, 31 N. W. 947.) The opinion in the latter ease cites Wing v. Glick, 56 Iowa, 473, 41 Am. Rep. 118, 9 N. W. 384, which in passing on a similar note holds…
1Opinion of the CourtJustice Smith
This is an appeal by the plaintiff from a judgment in favor of the defendant Thomas J. Bennetts and an order denying a motion for a new trial. The plaintiff, after stating the corporate character of the Greenwood Mining & Milling Company and the Hecla Mercantile and Banking Company, alleged as follows :
“ (3) That on the seventh day of December, A. D. 1900, the said defendants, at the county of Silver Bow, in said state of Montana, for and in consideration of the sum of $11,000 to them loaned and paid by the said Hecla Mercantile & Banking Company, made, executed, signed, and delivered to said…
2Cases cited10 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Scanlan v. KeithIllinois Supreme Court · 1882
- Haile v. PeirceCourt of Appeals of Maryland · 1870
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3Cited by3 opinions
- Schauer v. MorganMontana Supreme Court · 1923
- Gross v. TierneyCourt of Appeals for the Fourth Circuit · 1932
- Commercial National Bank v. ReicheltMontana Supreme Court · 1922