Columbus State Bank v. Erb
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by tbe Columbus State Bank against Guy D. Erb and others. Prom a judgment for plaintiff and an order denying them a new trial, certain of the defendants appeal. The authorities are agreed on the question as to the admissibility of a correct copy of a lost record which would have been admissible if not lost.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by tbe Columbus State Bank against Guy D. Erb and others. Prom a judgment for plaintiff and an order denying them a new trial, certain of the defendants appeal. The authorities are agreed on the question as to the admissibility of a correct copy of a lost record which would have been admissible if not lost. Elliott on Evidence, section 470, states the rule as follows: “Copies or transcripts taken from a party’s books of original entry are admissible on proof of the loss or destruction of the books.” (17 Cye. 518e;…
1Opinion of the CourtChief Justice Brantly
This action was brought to recover judgment for the sum of $5,000 alleged to be due upon a negotiable promissory note executed to the plaintiff by defendant Erb and indorsed for value by the defendants Raiff and Anderson, on December 1, 1906, and due and payable eight months thereafter, with interest at the rate of one per cent per month, payable semi-annually. It is alleged that no part of the principal. sum or interest has been paid, except the sum of $212,72 paid on September 19, 1907, and $108 paid on July 31, 1908. The defendants Raiff and Anderson filed a separate answer, in which they…
2Cases cited5 opinions
- Cohen v. ClarkMontana Supreme Court · 1911
- Osmers v. FureyMontana Supreme Court · 1905
- Marron v. Great Northern Railway Co.Montana Supreme Court · 1913
- Dempster v. Oregon Short Line RailroadMontana Supreme Court · 1908
- Raiche v. MorrisonMontana Supreme Court · 1913
3Cited by9 opinions
- Malvaney v. YagerMontana Supreme Court · 1936
- Arnold v. GenzbergerMontana Supreme Court · 1934
- State v. McComasMontana Supreme Court · 1931
- Conrad Mercantile Co. v. SilerMontana Supreme Court · 1925
- McLean v. RiceMontana Supreme Court · 1922
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