First National Bank v. Wilson
Montana Supreme Court
Appeal from District Cowrt, Fergus Goumly; Boy E. Ayers, Judge. Action by the First National Bank of Lewistown against J. H. Wilson and Maud Wilson, his wife. From a judgment for defendants and an order denying a motion for a new trial, the plaintiff appeals.
1Opinion of the CourtJustice Matthews
This action was brought on a promissory note. The answer denies the allegations of the complaint, except as to nonpayment, and alleges, as an affirmative defense, that the note in question was a part of the consideration for a contract for the purchase of certain lands; was never delivered and came into the hands of the bank’s transferee wrongfully; is without consideration and was to have been placed in escrow with the deed, etc.; and that it was transferred to the bank in an endeavor to defraud respondents. The answer further alleges that the bank had notice thereof0 and was not an innocent…
2Cases cited14 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Goodman v. SimondsSupreme Court of the United States · 1858
- Arnd v. AylesworthSupreme Court of Iowa · 1909
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3Cited by8 opinions
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- Simons v. JenningsMontana Supreme Court · 1935
- McCollum v. O'NEILLMontana Supreme Court · 1955
- Lister v. DonlanMontana Supreme Court · 1929
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