Lee v. Stockmen's National Bank
Montana Supreme Court
Appeals from District Court, Big Horn County; A. C. Spencer, Judge. Action by Walter 0. Lee against the Stockmen’s National Bank of Hardin and another. From a judgment for defendants and from an order denying his motion for a new trial, plaintiff appeals. The grounds for the motion for nonsuit are to the effect that appellant had the means of ascertaining the falsity of respondents’ misrepresentations, and not having used such means was not in position to complain.
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Appeals from District Court, Big Horn County; A. C. Spencer, Judge. Action by Walter 0. Lee against the Stockmen’s National Bank of Hardin and another. From a judgment for defendants and from an order denying his motion for a new trial, plaintiff appeals. The grounds for the motion for nonsuit are to the effect that appellant had the means of ascertaining the falsity of respondents’ misrepresentations, and not having used such means was not in position to complain. This, in other words, may be paraphrased, that if one believes another, and so believing relies and acts on his statements, he…
1Opinion of the CourtJustice Galen
This is an action to recover damages for alleged false and fraudulent representations made to plaintiff by the defendant relied upon by the plaintiff, as a result of which he was induced to purchase from the defendant at face value two overdue promissory notes executed by one Thomas C. Smith, secured by chattel mortgages on certain automobiles, aggregating in amount $3,366.35. Seven thousand dollars are claimed as actual and $2,000 as exemplary damages. Upon issues joined, the cause was tried before a jury. At the conclusion of plaintiff’s case, defendants moved the court for a nonsuit, which…
2Cases cited6 opinions
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Grindrod v. Anglo-American Bond Co.Montana Supreme Court · 1906
- Luther v. LeeMontana Supreme Court · 1922
- Brophy v. Idaho Produce & Provision Co.Montana Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Poulsen v. Treasure State Industries, Inc.Montana Supreme Court · 1981
- Cechovic v. Hardin & Associates, Inc.Montana Supreme Court · 1995
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Van Ettinger v. PappinMontana Supreme Court · 1978
- Healy v. GinoffMontana Supreme Court · 1923
42 more not listed; retrieve them via the Exa API.