Floyd v. Johnson
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action on promissory note. Judgment on the pleadings was rendered for the defendant by Speer, J. Statement of the case by the justice delivering the opinion. The plaintiff sued the defendant on a promissory note. Defendant concedes that the complaint was perfectly good.
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Appeal from Second Judicial District, Silver Bow County. Action on promissory note. Judgment on the pleadings was rendered for the defendant by Speer, J. Statement of the case by the justice delivering the opinion. The plaintiff sued the defendant on a promissory note. Defendant concedes that the complaint was perfectly good. Defendant filed an answer, in which he set up that, after making and delivering the note, the same was materially altered by adding the words, and interest at the rate of five per cent, per annum;” that this alteration was made before the commencement of the action, with…
1Opinion of the CourtDe Witt, J.
If there is an issue framed by the pleadings, judgment on the pleadings is error. (Horsky v. Moran, 13 Mont. 267; Bach, Cory & Co. v. Montana L. & P. Co., 15 Mont. 345.) The complaint in this case set up a cause of action. This is conceded. Therefore judgment could not be rendered upon the pleadings for want of sufficient allegations in the complaint. It is conceded that the answer set up a defense. But, even if that were true, judgment on the pleadings could not be rendered, because the defense set up in the answer would frame an issue. That issue must, therefore, be tried. (See cases last…
2Cases cited3 opinions
- Power v. GumMontana Supreme Court · 1886
- Horsky v. MoranMontana Supreme Court · 1893
- Bach, Cory, & Co. v. Montana Lumber & Produce Co.Montana Supreme Court · 1895
3Cited by7 opinions
- Equity Co-operative Ass'n v. Equity Co-operative Milling Co.Montana Supreme Court · 1922
- Corey v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- McLean v. DicksonMontana Supreme Court · 1920
- Duane v. MolinakMontana Supreme Court · 1904
- Moore v. MurrayMontana Supreme Court · 1904
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