Legal Opinion

Galvin v. O'Gorman

Montana Supreme Court

Decided January 29, 1910No. 2,750PublishedCited by 14 opinions

Appeal from, District Court, Madison County; Lew. L. Calla-way; Judge. Action by William Galvin against John O’Gorman. From a judgment for plaintiff, and an order denying his motion for a new trial, defendant appeals. Under the evidence there is no mutual, open and current account in this case. The evidence shows no reciprocal demands between the parties, which is necessary in order for it to have been mutual, open and current. (Fraylor v. Sonora Min.

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Appeal from, District Court, Madison County; Lew. L. Calla-way; Judge. Action by William Galvin against John O’Gorman. From a judgment for plaintiff, and an order denying his motion for a new trial, defendant appeals. Under the evidence there is no mutual, open and current account in this case. The evidence shows no reciprocal demands between the parties, which is necessary in order for it to have been mutual, open and current. (Fraylor v. Sonora Min. Co., 17 Cal. 594; Flynn v. Seale, 2 Cal. App. 665, 84 Pac. 263; Millet v. Bradburry, 109 Cal. 170, 41 Pac. 865.) When plaintiff relies in his…

1Opinion of the CourtJustice Holloway

The complaint in this action alleges that between May 1 and October 1, 1903, the plaintiff loaned to defendant, at defendant’s special instance and request, $183, which defendant promised to repay, but has failed and neglected to do so, or to repay any part thereof. The answer consists of a general denial .and a plea of the bar of the statute of limitations. The reply ■denies the allegations of the special plea, and contains the following : “ (2) Alleges that the said cause of action as herein sued upon, and as pleaded in plaintiff’s complaint, is in full force and effect, and still…

2Cases cited5 opinions

  1. Concannon v. SmithCalifornia Supreme Court · 1901
  2. City Carpet Beating Etc. Works v. JonesCalifornia Supreme Court · 1894
  3. Dawes v. City of Great FallsMontana Supreme Court · 1904
  4. Worth v. WorthCalifornia Supreme Court · 1909
  5. Blackmore v. NealeColorado Court of Appeals · 1900

3Cited by14 opinions

  1. Marcellus v. WrightMontana Supreme Court · 1916
  2. Moss v. GoodhartMontana Supreme Court · 1913
  3. Cohen v. ClarkMontana Supreme Court · 1911
  4. Leffek v. LuedemanMontana Supreme Court · 1933
  5. Shipler v. Potomac Copper Co.Montana Supreme Court · 1923

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