Rossiter v. Loeber
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. ActioN on promissory note. The cause was tried before McHatton, J. Defendant had judgment below. Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from Second Judicial District, Silver Bow County. ActioN on promissory note. The cause was tried before McHatton, J. Defendant had judgment below. Statement of the case by the justice delivering the opinion. Action on a promissory note made by the defendant, Loeber, to William Schneider or order, for $350, dated October 8, 1891, and due on or before November 8, 1891. Plaintiff alleged that on November 1, 1891, and before the note became due, the payee, Schneider, transferred the same by indorsement to plaintiff, and that plaintiff is now the owner and holder for value. Judgment is…
1Opinion of the CourtHunt, J.
The plaintiff, on the trial, testified that he thought he purchased the note after maturity, that he was the owner of the note, and that it was not paid. The plaintiff then rested, whereupon the defendant moved for a nonsuit upon the ground that it appeared that the witness purchased the note after maturity, and that, therefore, it was not entitled to any protection in his hands as an innocent purchaser; that the answer challenged the consideration for the note, and, no answer having been given to the plea of no consideration, under such circumstances it was necessary for the plaintiff not…
Also in this document: Concurrence.
2Cases cited6 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- United States v. HuckabeeSupreme Court of the United States · 1873
- McPherson v. . CoxNew York Court of Appeals · 1881
- Meadowcraft v. WalshMontana Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bullard v. SmithMontana Supreme Court · 1903
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1897
- Howe v. MessimerMontana Supreme Court · 1929
- Quickenden v. HulbertMontana Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.