Congdon v. Olds
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. ActioN on promissory note. Judgment whs rendered for the plaintiff below by McHatton, J. Statement of'the case by the justice delivering the opinion. The plaintiff and the defendant Olds together signed a promissory note payable to the Silver Bow National Bank of Butte. After renewals of the note, the plaintiff was obliged to pay the same. He then brought this action against all these defendants.
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Appeal from Second Judicial District, Silver Bow County. ActioN on promissory note. Judgment whs rendered for the plaintiff below by McHatton, J. Statement of'the case by the justice delivering the opinion. The plaintiff and the defendant Olds together signed a promissory note payable to the Silver Bow National Bank of Butte. After renewals of the note, the plaintiff was obliged to pay the same. He then brought this action against all these defendants. The reason for joining these defendants other than Olds, was that plaintiff claimed, and so alleged in his complaint, that when the note was…
1Opinion of the CourtDe Witt, J.
There are three alleged errors complained of which we shall treat. The first is the action of the court in treating the partnership as a general or trading partnership. This matter arose in several ways upon the trial and in the giving of the instructions. It is not necessary to follow this error into évery place where it occurred. It is sufficient to treat it as it occurred in instruction No. 3, which the court *489gave. That instruction is as follows : £ ‘ The court instructs the jury that where several parties associate themselves together for the purpose of carrying on a business and…
Also in this document: Concurrence.
2Cases cited17 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Bissell v. FossSupreme Court of the United States · 1885
- Settembre v. PutnamCalifornia Supreme Court · 1866
- Jones v. ClarkCalifornia Supreme Court · 1871
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Childers v. NeelyWest Virginia Supreme Court · 1899
- In re Williams' EstateMontana Supreme Court · 1918
- Hartney v. GoslingWyoming Supreme Court · 1902
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Gow v. Cascade Silver Mines & Mills Co.Montana Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.