Noyes v. Young
Montana Supreme Court
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
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
- Martin v. HeinzeMontana Supreme Court · 1904
- Henke v. Eureka Endowment Ass'n of Cal.California Supreme Court · 1893
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- Gordon Campbell Petroleum Co. v. Gordon Campbell-Kevin SyndicateMontana Supreme Court · 1926
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