Story v. Maclay
Montana Supreme Court
Appeal from First District, Gallatin County. The action was tried by a jury, Blare, J. It was error to permit respondent to draw the map and present it to the jury. Respondent was not a competent witness to testify respecting the value of freight from' Fort Peck to the old Crow Agency.
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Appeal from First District, Gallatin County. The action was tried by a jury, Blare, J. It was error to permit respondent to draw the map and present it to the jury. Respondent was not a competent witness to testify respecting the value of freight from' Fort Peck to the old Crow Agency. Appellants were entitled to a credit on the judgment for $1,130. They set this up as work done in full satisfaction of respondent’s claim, yet if they fail to prove the last fact, they are not to be deprived of pay for the work. The pleadings do not deny the performance of this work, or its value. The verdict…
1Opinion of the CourtWade, C. J.
This is an appeal from a judgment rendered on a verdict in favor of the respondent, and against the appellants on an account for hauling and transporting about 46,000 pounds of merchandise from Milk river to the old Crow Agency and Bozeman, Montana.
The complaint alleged that so transporting such freight was reasonably worth five cents per pound. On the trial the respondent was called as a witness and testified in his own behalf as follows:
“ I have known defendants ten years. My ox train in the fall was at Bozeman, and in October or November, 1874, went to Fort Peck, on the Missouri river,…
2Cases cited4 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Eyck v. FrostNew York Supreme Court · 1826
- Gates v. KieffCalifornia Supreme Court · 1857
3Cited by3 opinions
- Alexander v. StateMontana Supreme Court · 1963
- Alexander v. StateMontana Supreme Court · 1963
- Story v. MaclayMontana Supreme Court · 1882