First National Bank v. Grow
Montana Supreme Court
Appeal from District Court, Fergus County; Roy E. Ayers, Judge. Action by the First National Bank of New Castle against Chester A. Grow and others. From a judgment for defendants and an order denying new trial, plaintiff appeals.
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Appeal from District Court, Fergus County; Roy E. Ayers, Judge. Action by the First National Bank of New Castle against Chester A. Grow and others. From a judgment for defendants and an order denying new trial, plaintiff appeals. Although there are decisions to the effect that a direct averment that plaintiff is the owner and the holder of the instrument sued on is the averment of á mere conclusion of law and is insufficient, there are others to the effect that such an allegation is sufficient to show a prima facie right to recover, and that the mode of acquisition may be supplied by proof.…
1Opinion of the CourtJustice Holloway
The allegations of the complaint, omitting merely formal parts, are to the effect that on June 13, 1912> the defendants executed and delivered their certain promissory note for $1,500, payable to the order of J. E. Blakeley; that prior to the maturity of the note Blakeley “for a valuable consideration sold, assigned and transferred the said note to the plaintiff herein; that the plaintiff is now the lawful owner and holder of the said note, and that the same is wholly due and unpaid.” A copy of the note is set forth in the complaint.
The answer admits the execution of the note, and by way of…
2Cases cited1 opinion
- Cornish v. WoolvertonMontana Supreme Court · 1905
3Cited by8 opinions
- Little v. Union Oil Co.California Court of Appeal · 1925
- Price v. SkylsteadMontana Supreme Court · 1924
- Mills v. PopeMontana Supreme Court · 1931
- Mayer v. LaneNew Mexico Supreme Court · 1927
- Kroehnke v. Gold Creek Mining Co.Montana Supreme Court · 1935
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