Fifty Associates Co. v. Quigley
Montana Supreme Court
Appeal from District Court, Cascade County; H. H. Ewing, Judge. Action by the Fifty Associates Company of Great Falls against John C. Quigley. From a judgment for and from an order denying a new trial, defendant appeals.
Read the full summary
Appeal from District Court, Cascade County; H. H. Ewing, Judge. Action by the Fifty Associates Company of Great Falls against John C. Quigley. From a judgment for and from an order denying a new trial, defendant appeals. The respondent is not a holder in due course as defined by section 5900 of the Revised Codes, because at the -time that the note was negotiated to the respondent it had notice that the maker of it had not received the consideration agreed upon or any consideration at all. (Montana Electric Go. v. Northern Valley Min. Co., 51 Mont. 266, 153 Pac. 1017.) By indorsing the note…
1Opinion of the CourtJustice Cooper
The complaint alleges the execution and i.delivery by defendant of a note in the principal sum of $2,500, due November 1, *3511913, payable to the Sexton-Lloyd Company, a copartnership consisting of P. H. Sexton and George Lloyd; that plaintiff is now the holder thereof in dne course, without notice or knowledge of any infirmities or defenses thereto; and that the same is unpaid. The defendant’s answer consists of general denials, and alleges affirmatively the writing into said note, as expressive of the consideration therefor, the following: “This note is in payment of a one-twenty-first…
2Cases cited11 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Sena v. American Turquoise Co.Supreme Court of the United States · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1922
- Moore v. CrittendenMontana Supreme Court · 1922
- Schauer v. MorganMontana Supreme Court · 1923
- Bank of Commerce v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1920
- Stiemke v. JankovichMontana Supreme Court · 1925
13 more not listed; retrieve them via the Exa API.