Montana Livestock & Loan Co. v. Stewart
Montana Supreme Court
Appeal from District Court, Yellowstone County,- A. C. Spencer, Judge. Action by the Montana Livestock & Loan Company against William Stewart. From a judgment for plaintiff, and an order denying his motion for new trial, defendant appeals. Taking a cheek or draft which is dishonored and proves to be worthless does not amount to payment.
Read the full summary
Appeal from District Court, Yellowstone County,- A. C. Spencer, Judge. Action by the Montana Livestock & Loan Company against William Stewart. From a judgment for plaintiff, and an order denying his motion for new trial, defendant appeals. Taking a cheek or draft which is dishonored and proves to be worthless does not amount to payment. Nor according to the weight of authority does it constitute a waiver of cash payment so as to pass title to a vendee which he can pass to a stranger, even though the latter is a bona■ fide purchaser or the like. (Elliott on Contracts, sec. 5040; Mclver v.…
1Opinion of the CourtJustice Matthews
This action was brought to recover damages for the alleged breach of a contract of sale of certain sheep, and resulted in a judgment for the plaintiff. The defendant appeals from the judgment and from the order of the court denying his motion for a new trial.
The controversy between the plaintiff and defendant arose over a check given defendant by one McCain, as agent of the plaintiff, at the time of making the contract, as part payment on the sheep. The check was drawn on the Bank of Montana, of Billings. It was taken by defendant to the Custer State Bank, where the cashier refused to cash…
2Cases cited8 opinions
- Lane v. BaileyMontana Supreme Court · 1904
- Lehrkind v. McDonnellMontana Supreme Court · 1915
- Church v. ZywertMontana Supreme Court · 1920
- State ex rel. Kohl v. District CourtMontana Supreme Court · 1912
- Shandy v. McDonaldMontana Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Graham v. RolandsonMontana Supreme Court · 1967
- Conway v. FabianMontana Supreme Court · 1939
- Olson v. City of ButteMontana Supreme Court · 1929
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
- Watts v. Billings Bench Water Assn.Montana Supreme Court · 1927
4 more not listed; retrieve them via the Exa API.