Greeley v. Cascade County
Montana Supreme Court
Appeal from District Court, Cascade County; Dudley Du Bose, Judge. Action by James Greeley against Cascade countjc From a judgment for defendant, and an order denying a motion for new trial, plaintiff appeals. The receipt of a check from a debtor does not operate as payment of the debt in the absence of an express agreement that it shall have that effect. (See many cases cited on pages 167-170, Yol. 18, Am. and Eng.
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Appeal from District Court, Cascade County; Dudley Du Bose, Judge. Action by James Greeley against Cascade countjc From a judgment for defendant, and an order denying a motion for new trial, plaintiff appeals. The receipt of a check from a debtor does not operate as payment of the debt in the absence of an express agreement that it shall have that effect. (See many cases cited on pages 167-170, Yol. 18, Am. and Eng. Ency. of Law; Compton v. Dresbach, 78 Cal. 15.) The surrender and cancellation of a note or other instrument upon receipt of a check for it is not evidence that the check was in…
1Opinion of the CourtPigott, J.
The plaintiff sued Cascade county upon two *584alleged causes of action. The subject of the first cause of action is a county warrant, of which the following is a copy:
“No. 399. Great Falls, Cascade County, Mont., )
June 14, 1893. j
“The treasurer of Cascade county will pay to James Greeley, or order, eleven hundred forty- three and 61-100 dollars for keeping Poor, etc., out of any moneys in the treasury belonging to the Poor Fund.
“S. N. Dickey,
“Chairman Board of County Commissioners.
“Howard Crosby, County Clerk. [Seal.]”
It is alleged that the warrant was drawn for a duly audited and allowed claim…
2Cases cited14 opinions
- Guiterman v. WishonMontana Supreme Court · 1898
- State ex rel. Great Falls Water Works v. Mayor of Great FallsMontana Supreme Court · 1897
- Abernethy v. Town of Medical LakeWashington Supreme Court · 1894
- Directors of Insane Asylum v. WolflyArizona Supreme Court · 1889
- Alden v. County of AlamedaCalifornia Supreme Court · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jay v. School District No. 1Montana Supreme Court · 1900
- School District No. 12 v. Pondera CountyMontana Supreme Court · 1931
- Meens v. State Board of EducationMontana Supreme Court · 1954
- Kalman v. Treasure CountyMontana Supreme Court · 1929
- Carbon County v. DraperMontana Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.