Legal Opinion

Lish v. Martin

Montana Supreme Court

Decided April 4, 1919No. 3,978PublishedCited by 8 opinions

Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by Otis S. Lisb against W. F. Martin and others. Judgment for defendants. From an order granting plaintiff a new trial, they appeal. Cause submitted on briefs of Counsel.

1Opinion of the CourtJustice Holloway

delivered tbe opinion of tbe court.

Plaintiff brought this action to recover the balance upon a promissory note for $440 dated August 28, 1912, and due January 1, 1914, upon which a payment of $65.50 had been made. The answer of the defendants admits the execution and delivery of the note, the payment pleaded, and sets forth a counterclaim and attempts to plead an affirmative defense in bar. There was a reply to the new matter and the trial which followed resulted in a judgment for defendants for $294 and costs. Upon motion of plaintiff, the court granted a new trial, and defendants appealed…

2Cases cited10 opinions

  1. Ogle v. PotterMontana Supreme Court · 1900
  2. Storer v. HeitfeldIdaho Supreme Court · 1909
  3. Kinsman v. StanhopeMontana Supreme Court · 1914
  4. Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
  5. Whitney v. Superior CourtCalifornia Supreme Court · 1905

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3Cited by8 opinions

  1. Stetson v. StindtCourt of Appeals for the Third Circuit · 1922
  2. Fauver v. WilkoskeMontana Supreme Court · 1949
  3. James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
  4. Smith v. Washburn-Wilson Seed Co.Idaho Supreme Court · 1934
  5. Currey v. Butte Electric Ry. Co.Montana Supreme Court · 1921

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