Edgerton v. Power
Montana Supreme Court
Appeal from First Judicial District, Lewis amd Clarke County. \ Action on promissory note. Judgment was rendered for tbe plaintiff below by Buck, J. Statement of tbe case by tbe justice delivering tbe opinion. The plaintiff sued the defendants upon a promissory note for $8,000 made by defendants to plaintiff.
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Appeal from First Judicial District, Lewis amd Clarke County. \ Action on promissory note. Judgment was rendered for tbe plaintiff below by Buck, J. Statement of tbe case by tbe justice delivering tbe opinion. The plaintiff sued the defendants upon a promissory note for $8,000 made by defendants to plaintiff. The answer admits the making and delivery of the note, and seeks to defend by setting np that the note was made in connection with a written contract between plaintiff and defendants dated December 30, 1889, which contract is pleaded in full. The answer alleges that the terms of said…
1Opinion of the CourtDe Witt, J.
We are satisfied that the denial in the answer that £ ‘the amount of stock’ ’ had been delivered was a negative pregnant, for the reason set forth by the district court, and quoted in the statement preceding this opinion. The court was therefore justified under such a denial, in refusing to allow testimony as to the nondelivery of the stock. The court offered to allow counsel to amend this denial so that it would be well pleaded. Counsel refused to (Jo so unless they were also allowed to allege in their proffered second amended answer that certain matters mentioned in the statement above,…
2Cases cited1 opinion
- Pitts v. AllenSupreme Court of Georgia · 1883
3Cited by3 opinions
- B. F. Sturtevant Co. v. LeMars Gas Co.Supreme Court of Iowa · 1920
- Spencer v. J. Turney & Co.Supreme Court of Oklahoma · 1897
- LaShar v. PeopleSupreme Court of Colorado · 1924