Helena National Bank v. Rocky Mountain Telegraph Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County. Henry N. Plaice, Judge. ' • Two separate actions by the Helena National Bank against the Rocky Mountain Telegraph Company. Yerdictfor plaintiff in each action. Defendant appeals from orders denying a new trial. Statement of the case by the justice delivering the opinion. These actions were tried together in the court below, and will be determined by this court in one opinion.
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Appeal from District Court, Lewis and Clarice County. Henry N. Plaice, Judge. ' • Two separate actions by the Helena National Bank against the Rocky Mountain Telegraph Company. Yerdictfor plaintiff in each action. Defendant appeals from orders denying a new trial. Statement of the case by the justice delivering the opinion. These actions were tried together in the court below, and will be determined by this court in one opinion. By action No. 877, the plaintiff sought to recover from the defendant (a corporation organized under the statutes of Montana) the sum of $350.70, the amount of an…
1Opinion of the CourtPigott, J.
(1; Appellant (defendant) contends that its motion for judgment on the pleadings in action No. 878 should have been sustained, upon the ground that the replication did not deny the averment in the answer of want of authority in Bidgway to execute the note in its behalf; the theory being that such averment was new matter, constituting a defense, and therefore admitted for want of denial.
We are satisfied that the averment is not new matter. Ultimate facts only should be pleaded. Plaintiff pleaded the ultimate fact according to its legal effect, by alleging that defendant made the note. This…
2Cases cited14 opinions
- Orleans v. PlattSupreme Court of the United States · 1879
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Craft v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
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3Cited by30 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
- Petition of Mulco ProductsSuperior Court of Delaware · 1956
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