First National Bank v. Collins
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. Action on promissory notes. Judgment on the pleadings was íendered for the plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. This action was brought by the plaintiff against the defendants upon two promissory notes made payable to plaintiff, and one promissory note payable to John T. Wood, and indorsed to plaintiff.
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Appeal from Sixth Judicial District, Meagher County. Action on promissory notes. Judgment on the pleadings was íendered for the plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. This action was brought by the plaintiff against the defendants upon two promissory notes made payable to plaintiff, and one promissory note payable to John T. Wood, and indorsed to plaintiff. All the notes were signed by the defendants as administrators of the estate of Jonas Higgins, deceased. The defendants, by answer, admitted the making of the notes alleged. As a defense…
1Opinion of the CourtDe Witt, J.
The defendants, in their answer, make their allegations with some vigor of language, but when we arrive simply at the facts set up, the pleading of defendants seems to be that they, as administrators of the Higgins estate, borrowed this money and used it for the estate.
We cite the following remarks from some of the leading text writers upon the law of administration, negotiable instruments, and commercial paper :
‘ ‘ It is a well recognized principle that for liabilities contracted by the personal representative, although for the benefit and in the interest and behalf of the estate, it is not…
2Cases cited5 opinions
- Dunne v. DeerySupreme Court of Iowa · 1875
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
- Dodson v. NevittMontana Supreme Court · 1885
- Davis v. FrenchSupreme Judicial Court of Maine · 1841
- Walker v. PattersonSupreme Judicial Court of Maine · 1853
3Cited by11 opinions
- Gow v. MauryMontana Supreme Court · 1923
- In Re Jennings' EstateMontana Supreme Court · 1925
- Gaspar v. BuckinghamMontana Supreme Court · 1944
- Hayes v. ShirkIndiana Supreme Court · 1906
- State ex rel. Eisenhauer v. District CourtMontana Supreme Court · 1917
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