Davis v. McEwen Bros.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States' for the District of Montana. Action by McEwen Bros., a corporation, against John E. Davis. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States' for the District of Montana. Action by McEwen Bros., a corporation, against John E. Davis. Judgment for plaintiff, and defendant brings error. In an action at law upon two separate causes of action, the Circuit Court for the District of Montana rendered a Judgment in favor of the plaintiff, a Xew York corporation, now the defendant in error, for the sum of S3,933.67. The first count of the complaint sets forth a cause of action for money due upon a promissory note, and the second states a cause of action for the balance of a debt of the…
1Opinion of the CourtHanford, District Judge
(after stating the facts as above).. [1] The first assignment of error relates to testimony given by the plaintiff in error on the trial of a case which he was active in prosecuting to establish a lien as security for the debt involved in the present action, and was admissible in evidence because it contained important admissions by him of facts in issue relating to the performance of their contract by McEwen Bros., copartners. Therefore it was not error to overrule the objection to that evidence.
[2] The objection to the introduction of any evidence referred to in assignment 2 was an attack…
2Cases cited5 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Ford v. WilliamsSupreme Court of the United States · 1858
- Darrow v. H. R. Horne Produce Co.U.S. Circuit Court for the District of Indiana · 1893
- McEwen v. Union Bank & Trust Co.Montana Supreme Court · 1907
- McFarlane v. WadhamsCourt of Appeals for the Seventh Circuit · 1910
3Cited by2 opinions
- Federal Surety Co. v. City of Staunton ex rel. McWane Cast Iron Pipe Co.Court of Appeals for the Fifth Circuit · 1928
- Judson Adm. v. AndersonMontana Supreme Court · 1945