National Cash-Register Co. v. Brown
Montana Supreme Court
Appeal from District Court, Park County. Frank Henry, Judge. Action by the National Cash-Register Company against J. A. Brown and R. D. Alton, doing business as J. A. Brown & Co. Judgment for plaintiff and Alton appeals. Statement of the case by the justice delivering the opinion. This is an action commenced in a justice of the peace’s court in Park county, by the plaintiff, to recover judgment against the defendants on four promissory notes, described in the complaint.
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Appeal from District Court, Park County. Frank Henry, Judge. Action by the National Cash-Register Company against J. A. Brown and R. D. Alton, doing business as J. A. Brown & Co. Judgment for plaintiff and Alton appeals. Statement of the case by the justice delivering the opinion. This is an action commenced in a justice of the peace’s court in Park county, by the plaintiff, to recover judgment against the defendants on four promissory notes, described in the complaint. In the justice’s court the defendant J. A. Brown defaulted, and judgment was entered against him. The defendant R. D. Alton…
1Opinion of the CourtPemberton, C. J.
The appellant contends that by the terms of the dissolution of the partnership firm of J. A. Brown & Co., as set out in his separaté answer, he became a surety for the payment of the firm’s debts, and that he was entitled to the rights of such surety from the creditors of the firm having actual notice of the terms of the dissolution; and, further, that the plaintiff, having brought suit by attachment against the firm, and having attached sufficient property in the hands of Brown, the principal, to satisfy its demand, and subsequently, without the consent and against the protest of the surety,…
2Cases cited3 opinions
- Fensler v. PratherIndiana Supreme Court · 1873
- Smith v. FreylerMontana Supreme Court · 1882
- Johnson v. EmerickMichigan Supreme Court · 1888
3Cited by2 opinions
- Puckett v. HopkinsMontana Supreme Court · 1922
- Preston v. GarrardSupreme Court of Georgia · 1904