Isman v. Altenbrand
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Felix Isman against Henry Altenbrand, Jr. From a judgment lor plaintiff and an order denying his motion for a new trial, defendant appeals. The deposition of the respondent was provided for by a contract between the parties in the form of the stipulation attached thereto.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Felix Isman against Henry Altenbrand, Jr. From a judgment lor plaintiff and an order denying his motion for a new trial, defendant appeals. The deposition of the respondent was provided for by a contract between the parties in the form of the stipulation attached thereto. There was absolutely no other authority for the taking of it, and the question of its admissibility is to be governed wholly by its terms and not by the statute nor by the rules of court. (People v. Grundell, 75 Cal. 301, 17 Pac. 214; 20 Bncy. of…
1Opinion of the CourtJustice Smith
delivered tbe opinion of tbe court.
The complaint in this action alleges that on the ninth day of November, 1904, the defendant in writing and for a valuable-consideration guaranteed the payment of the rent on a certain building in the city of New York by the tenant, to the landlord, this plaintiff; that the tenant neglected to pay the rent to the amount of $425, which sum the defendant has, after notice of the default of the principal debtor, and after personal demand on him, refused to pay. The answer admits the making of the contract of guaranty by the defendant, but denies the other…
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