McGowan Commercial Co. v. Midland Coal & Lumber Co.
Montana Supreme Court
Appeal from District Court, Sanders County; Henry L. Myers, Judge. Action by the McGowan Commercial Company against the Midland Coal and Lumber Company. From an order granting a new trial after judgment of nonsuit, defendant appeals.
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Appeal from District Court, Sanders County; Henry L. Myers, Judge. Action by the McGowan Commercial Company against the Midland Coal and Lumber Company. From an order granting a new trial after judgment of nonsuit, defendant appeals. Appellant contends that it is necessary for respondent to affirmatively show that E. B. Clark, the president and manager of the appellant corporation, had authority from said corporation to guarantee accounts of third parties, and that in the absence of such proof it has wholly failed to make a sufficient case to go to the jury. (10 Cye. 929; Cook on…
1Opinion of the CourtJustice Holloway
This action was brought by the McGowan Commercial Company, a corporation, against the Midland Coal and Lumber *217Company, a corporation, to recover the balance dne on an account for goods, wares, and merchandise alleged to have been sold by the plaintiff to the defendant, and, at the special instance and request of defendant, delivered to D. J. Gibson. The answer is in effect a general denial of the allegations of the complaint. At the close of plaintiff’s ease the defendant moved for a nonsuit, and the motion was granted. Thereafter plaintiff moved for a new trial, and this motion was likewise…
2Cases cited6 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Mackey v. SmithOregon Supreme Court · 1892
- Meldrum v. KenefickSouth Dakota Supreme Court · 1902
- Gerber v. StuartMontana Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Gaines v. DurhamSupreme Court of South Carolina · 1923
- Fergus County Hardware Co. v. CrowleyMontana Supreme Court · 1920
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