First National Bank v. Smith
Montana Supreme Court
Appeal from District Court, Ravalli County; Henry L. Myers, Judge. Action by the First National Bank of Iowa City, Iowa, against E. E. Smith. From a judgment entered upon a directed verdict for defendant and from an order denying a new trial, plaintiff appeals. Statement op the Case.
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Appeal from District Court, Ravalli County; Henry L. Myers, Judge. Action by the First National Bank of Iowa City, Iowa, against E. E. Smith. From a judgment entered upon a directed verdict for defendant and from an order denying a new trial, plaintiff appeals. Statement op the Case. This action was brought by the First National Bank of Iowa City against E. E. Smith to recover the principal and interest on a'promissory note, executed and delivered by the defendant to the Providence Jewelry Company, and by it indorsed to the plaintiff. The complaint alleges that the plaintiff was and is a…
1Opinion of the CourtJustice Holloway
A similar question was determined by this court in O’Donnell v. City of Butte, ante, p. 97, 119 Pac. 281, and upon the authority of that case we hold that the general denial in [1] defendant’s answer does not raise an issue upon the question of plaintiff’s capacity to sue, and that the trial court erred in directing a verdict. The judgment and order are reversed, and the cause is remanded for a new trial.
Reversed and remanded.
Mr. Chief Justice Brantly and Mr. Justice Smith concur.
2Cases cited1 opinion
- O'Donnell v. City of ButteMontana Supreme Court · 1911
3Cited by2 opinions
- Willoburn Ranch Co. v. YegenMontana Supreme Court · 1914
- Minneapolis Threshing Machine Co. v. Stanford Mercantile Co.Montana Supreme Court · 1921