Larson v. Marcy
Montana Supreme Court
Appeal from District Court, Rosebud County; George P. Jones, Judge. Action by Hans J. Larson against Claude 0. Marcy, Ollie Harding and others. Judgment' for defendants. Plaintiff appeals.
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Appeal from District Court, Rosebud County; George P. Jones, Judge. Action by Hans J. Larson against Claude 0. Marcy, Ollie Harding and others. Judgment' for defendants. Plaintiff appeals. It is alleged by plaintiff that the defendants executed the note, whereas it appears from the note itself, and from the evidence touching its execution, that the note was in fact executed solely by C. 0. Marcy, he signing the name C. 0. Marcy and Company, and placing the initial “C” thereunder. There is no allegation of agency, and the question of agency must be eliminated from a consideration of this cause…
1Opinion of the CourtJustice Holloway
This action was brought to recover $2,582 and interest thereon from April 27, 1909. Plaintiff states his cause of action in four counts. By the first it is sought to charge the defendants as trustees and to impress certain property owned by them with a lien in plaintiff’s favor. The second count sets forth the cause of action as upon a promissory note executed and delivered by the defendants to the plaintiff. The third, count is like the second except that it is alleged that the defendants, as copartners, executed and delivered the note in question. In the fourth count it is alleged that the…
2Cases cited3 opinions
- Lackman v. SimpsonMontana Supreme Court · 1913
- Kinsman v. StanhopeMontana Supreme Court · 1914
- Stewart v. Stone & Webster Engineering Corp.Montana Supreme Court · 1911
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