Gassert v. Black
Montana Supreme Court
Appeal from Sixth Judicial District, Parh County. Action to foreclose a mortgage. A demurrer to the answer and cross-complaint was sustained by Henry, J. Statement of the case by the judge delivering the opinion. The District Court sustained a demurrer to the defendants’ answer and cross-complaint. Judgment then followed for the plaintiff. The sufficiency of the defendants’ pleading is therefore the question on review.
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Appeal from Sixth Judicial District, Parh County. Action to foreclose a mortgage. A demurrer to the answer and cross-complaint was sustained by Henry, J. Statement of the case by the judge delivering the opinion. The District Court sustained a demurrer to the defendants’ answer and cross-complaint. Judgment then followed for the plaintiff. The sufficiency of the defendants’ pleading is therefore the question on review. It becomes necessary to state quite fully the complaint, answer, and cross-complaint, and the demurrer thereto. The complaint sets forth that defendants Black and Randall, on…
1Opinion of the CourtDe Witt, J.
If any defense or counter-claim is set up in the answer, the demurrer thereto must be overruled.
We need not inquire what would be the value of the matter set up in defendants’ pleading as a legal defense to the note; but, looking for an equitable defense to a legal action, and having regard to the facts pleaded, we will ascertain whether defendants allege sufficient to grant them relief.
They certainly allege that the partnership is still in existence. *195They say that the business, not the partnership, has ceased. But the allegation is positive that the partnership is not dissolved, and they…
2Cases cited3 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Wemple v. StewartNew York Supreme Court · 1856
- Barton v. SackettNew York Supreme Court · 1848
3Cited by5 opinions
- Thielbar Realties, Inc. v. National Union Fire InsuranceMontana Supreme Court · 1932
- Anderson v. Pettigrew Foundry Co.Appellate Court of Illinois · 1938
- Whorley v. KossMontana Supreme Court · 1949
- Gassert v. BlackMontana Supreme Court · 1896
- Harman v. Yeager Et Ux.Utah Supreme Court · 1943