Thamling v. Duffey
Montana Supreme Court
Appeal from, Sixth Judicial District, Meagher County. Action on promissory note. Judgment on the pleadings was rendered for the plaintiff below by Henry, J. The complaint states enough to show that plaintiff has the bare legal title to the note in suit, but makes no attempt to allege that he is a bona fide holder, for value, without notice of the defects pleaded in the answer, or that he took it in the regular course of business, the only allegation connecting plaintiff with…
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Appeal from, Sixth Judicial District, Meagher County. Action on promissory note. Judgment on the pleadings was rendered for the plaintiff below by Henry, J. The complaint states enough to show that plaintiff has the bare legal title to the note in suit, but makes no attempt to allege that he is a bona fide holder, for value, without notice of the defects pleaded in the answer, or that he took it in the regular course of business, the only allegation connecting plaintiff with the note being that the payees “indorsed the same to plaintiff.” The complaint is not, therefore, sufficient to let in…
1Opinion of the CourtPemberton, C. J.
The complaint in this case alleged that on March 6, 1893, the defendant executed and delivered his negotiable promissory note to Hatch Bros. & Co. for five thousand' dollars, with interest, payable five months after date; that on or about the first day of April, 1893, and before the maturity thereof, the said Hatch Bros. & Co. indorsed the same to plaintiff, who, in this action, demands judgment for the amount of said note. In his answer, defendant admits the execution and delivery of said note, as alleged, but resists the recovery of judgment thereon, on the ground of fraud practiced upon…
2Cases cited13 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Stewart v. LansingSupreme Court of the United States · 1882
- Smith v. Sac CountySupreme Court of the United States · 1871
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3Cited by6 opinions
- Mullins v. Butte Hardware Co.Montana Supreme Court · 1901
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1897
- Glendo State Bank v. AbbottWyoming Supreme Court · 1923
- Rossiter v. LoeberMontana Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.