Vanderpool v. Vanderpool
Montana Supreme Court
Appeal from District Court, Sanders County; B. Lee McCulloch, Judge. Action by Mrs. A. C. Vanderpool against Elizabeth A. G-. Vanderpool, as executrix of Samuel L. Vanderpool, deceased. Judgment for plaintiff, and defendant appeals from it and an order denying her a new trial.
Read the full summary
Appeal from District Court, Sanders County; B. Lee McCulloch, Judge. Action by Mrs. A. C. Vanderpool against Elizabeth A. G-. Vanderpool, as executrix of Samuel L. Vanderpool, deceased. Judgment for plaintiff, and defendant appeals from it and an order denying her a new trial. We contend that a compliance with the requirements of section 7529, Revised Codes, demands that inasmuch as the foundation of the cause of action prosecuted by respondent was a promissory note, it was necessary for her to plead facts showing that the claim she presented was such a claim as the statute demands. The…
1Opinion of the CourtJustice Holloway
The following promissory note is copied into the complaint and made the basis of plaintiff’s cause of action:
*451“July the 15, 1908.
“I promise to pay to Mrs. A. C. Yanderpool one thousand dollars, $1,000, in three years from date, at 6 per cent interest.
“S. L. Yanderpool.”
It is alleged that S'. L. Yanderpool died testate on June 19, 1911; that the defendant is the duly appointed executrix of his last will and testament; that on August 26, 1911, plaintiff presented her claim for the amount then due on said note, which claim was rejected; and that the plaintiff is now the owner and holder of the…
2Cases cited9 opinions
- Etchas v. OrenaCalifornia Supreme Court · 1900
- Morse v. SteeleCalifornia Supreme Court · 1906
- Spaulding v. SussMissouri Court of Appeals · 1877
- Brown v. DalyMontana Supreme Court · 1906
- In re Mouillerat's EstateMontana Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- City of Billings v. Pierce Packing Co.Montana Supreme Court · 1945
- Pincus v. DavisMontana Supreme Court · 1933
- In Matter of Estate of LecicWisconsin Supreme Court · 1981
- Flynn v. DriscollIdaho Supreme Court · 1924
- Brion v. BrownMontana Supreme Court · 1959
23 more not listed; retrieve them via the Exa API.