Lish v. Martin
Montana Supreme Court
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
- Ogle v. PotterMontana Supreme Court · 1900
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Kinsman v. StanhopeMontana Supreme Court · 1914
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
- Whitney v. Superior CourtCalifornia Supreme Court · 1905
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3Cited by8 opinions
- Stetson v. StindtCourt of Appeals for the Third Circuit · 1922
- Fauver v. WilkoskeMontana Supreme Court · 1949
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Smith v. Washburn-Wilson Seed Co.Idaho Supreme Court · 1934
- Currey v. Butte Electric Ry. Co.Montana Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.