Harrington v. Butte & Boston Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Phil. J. Harrington against tbe Butte and Boston Mining Company and A. J. Leggat, administrator of tbe estate of John A. Leggat, deceased. From a judgment for defendants and from an order denying bis motion for a new trial, plaintiff appeals.
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Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Phil. J. Harrington against tbe Butte and Boston Mining Company and A. J. Leggat, administrator of tbe estate of John A. Leggat, deceased. From a judgment for defendants and from an order denying bis motion for a new trial, plaintiff appeals. Where the testimony of the deceased party has been preserved and may be used in evidence, the surviving party is competent to testify as to the matters included in the testimony. (Stone v. Hunt, 114 Mo. 66, 21 S. W. 454; Hayden v. Grillo, 42 Mo. App. 1; Leahy v. Rayburn, 33 Mo.…
1Opinion of the CourtJustice Holloway
This is the third time this case has been before this court on appeal. (Harrington v. Butte & Boston Min. Co., 19 Mont. 411, 48 Pac. 758; 27 Mont. 1, 69 Pac. 102.) The action is upon a cheek for $2,500 issued by the Butte and Boston Mining Company to John A. Leggat, by Leggat indorsed generally and transferred to one Wearth, and by Wearth indorsed generally and transferred to this plaintiff, Harrington. The check was presented by Harrington to the First National Bank of Butte, *333upon which institution it was drawn, payment refused, and this action resulted.
The defense pleaded is a want of…
2Cases cited3 opinions
- Wilson v. DentonTexas Supreme Court · 1891
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1897
3Cited by5 opinions
- Hopkins v. Washington CountyNebraska Supreme Court · 1898
- Wilson v. National Fowler BankIndiana Court of Appeals · 1911
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1907
- Everding & Farrell v. ToftOregon Supreme Court · 1915
- First National Bank v. StoverNew Mexico Supreme Court · 1915