Legal Opinion

Noyes v. Young

Montana Supreme Court

Decided March 18, 1905No. 2,056PublishedCited by 14 opinions

Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by John Noyes against W. H. Young and others. The death of the plaintiff being suggested, the court ordered Elmira Noyes, administratrix of his estate, substituted as plaintiff. Erom a judgment for plaintiff and an order denying their motion for a new trial, defendants appeal.

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Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by John Noyes against W. H. Young and others. The death of the plaintiff being suggested, the court ordered Elmira Noyes, administratrix of his estate, substituted as plaintiff. Erom a judgment for plaintiff and an order denying their motion for a new trial, defendants appeal. Plaintiff must allege the capacity in which she sues when suit is brought to collect the debts due the estate of a deceased person. The defendants certainly should have the right to know that the plaintiff has a right to receive the moneys…

1Opinion of the Court

ME. COMMISSIONEE POOEMAN

prepared the opinion for the court.

This action was brought by John Noyes, who died pending; suit, and Elmira Noyes, administratrix of his estate, was by order of court substituted as the plaintiff. The appeal is from a judgment and the order overruling a motion for a new trial.

The plaintiff alleges: That defendant Young was justly indebted to one Orlena E. Price in a sum exceeding $5,000 for moneys had and received by said defendant for the use and benefit of Orlena E. Price. That said defendant and Orlena E. Price, by a mutual agreement, settled and compromised the…

2Cases cited11 opinions

  1. Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
  2. Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
  3. Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
  4. Martin v. HeinzeMontana Supreme Court · 1904
  5. Henke v. Eureka Endowment Ass'n of Cal.California Supreme Court · 1893

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3Cited by14 opinions

  1. Gardner v. WatsonCalifornia Supreme Court · 1915
  2. Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
  3. Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
  4. Johnson v. Gallatin Valley Milling Co.Montana Supreme Court · 1909
  5. Gordon Campbell Petroleum Co. v. Gordon Campbell-Kevin SyndicateMontana Supreme Court · 1926

9 more not listed; retrieve them via the Exa API.

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