Legal Opinion

King v. Lincoln

Montana Supreme Court

Decided December 9, 1901No. 1,365PublishedCited by 11 opinions

Appeal from District Court, Fergus County; Dudley Du Bose> Judge. Action by Joseph King against Alvin Lincoln. From a judgment for plaintiff, and from an order denying a new trial,, defendant appeals.

1Opinion of the Court

■ ME. CHIEF JUSTICE BEANTLY

delivered tbe opinion of tbe court.

Action upon an account stated. Tbe complaint alleges that on September 29, 1891, at tbe city of Chicago, Ill., an account was stated between tbe plaintiff and tbe defendant, and that there was found due from defendant to plaintiff a balance of $95.10, no part of which has been paid. Judgment is de-' manded for this sum, with interest from tbe date of settlement.

Tbe defendant makes specific denial of all these averments, except bis failure to pay tbe alleged balance, and then avers affirmatively that in August, 1897, be and…

2Cases cited4 opinions

  1. Murray v. HeinzeMontana Supreme Court · 1895
  2. Childs v. PtomeyMontana Supreme Court · 1896
  3. Coffee v. WilliamsCalifornia Supreme Court · 1894
  4. Zickler v. DeeganMontana Supreme Court · 1895

3Cited by11 opinions

  1. Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
  2. Finlen v. HeinzeMontana Supreme Court · 1903
  3. De Young v. BenepeMontana Supreme Court · 1918
  4. Wallace v. WeaverMontana Supreme Court · 1913
  5. Lacey v. Great Northern Railway Co.Montana Supreme Court · 1924

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