Union Bank & Trust Co. v. Himmelbauer
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; R. Lee Word, Judge. Action by the Union Bank & Trust Company against Anton and Mabel Himmelbauer. From an order denying a motion to discharge an attachment, the last-named defendant appeals.
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Appeal from District Court, Lewis and Clark County; R. Lee Word, Judge. Action by the Union Bank & Trust Company against Anton and Mabel Himmelbauer. From an order denying a motion to discharge an attachment, the last-named defendant appeals. Is the defendant Mabel Himmelbauer bound by the provisions of a chattel mortgage which she did not sign and to which she was not a party? That a note and a mortgage or other agreement between the same parties, and contemporaneously executed, are to be construed together, is well settled. (8 C. J. 196, note 90.) But it is held that the contemporaneous…
1Opinion of the CourtChief Justice Brantly
After the former appeal in this ease was determined (56 Mont. 82, 181 Pac. 332), issues were made up between the parties by the answer of the defendant Mabel Himmelbauer to the amended complaint and plaintiff’s reply thereto. The statement of the material allegations of the complaint made in the opinion delivered on that appeal is sufficient for the purposes of this appeal and it need not be repeated here.
Defendant’s answer contains seven separate defenses, only one of which, with the plaintiff’s reply to it, it is necessary to notice. The answer is the following: “(1) That said note…
2Cases cited4 opinions
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1919
- MacDonald v. WolffMissouri Court of Appeals · 1890
- Gammon v. FreemanSupreme Judicial Court of Maine · 1850
- Trease v. HagginSupreme Court of Iowa · 1899
3Cited by7 opinions
- Tin Cup County Water v. Garden City Plumbing & Heating, Inc.Montana Supreme Court · 2008
- Hagerman v. SchulteIllinois Supreme Court · 1932
- American Pipe & Construction Co. v. Harbor Construction Co.Washington Supreme Court · 1957
- Vande Veegaete v. Vande VeegaeteMontana Supreme Court · 1925
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1923
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