Edwards v. Spalding
Montana Supreme Court
Appeal from District Court, Lewis and, Clarke County. Ilenry H. Blake, Judge. Action by Mary Edwards agaiust W. S. Spalding and E. A. Canfield. From a judgment for plaintiff, defendant Spalding appeals. Statement of the case by the justice delivering the opinion. This is an action to recover rent.
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Appeal from District Court, Lewis and, Clarke County. Ilenry H. Blake, Judge. Action by Mary Edwards agaiust W. S. Spalding and E. A. Canfield. From a judgment for plaintiff, defendant Spalding appeals. Statement of the case by the justice delivering the opinion. This is an action to recover rent. It appears from the record and pleadings that on the 28th of January, 1892, the plaintiff entered into a contract with N. Dysinger, George H. Dysinger, and F. A. Canfield, one of the defendants herein, co-partners doing business under the firm name of the N. Dy-singer Company, by which she leased to…
1Opinion of the CourtPemberton, C. J.
The only material question involved in this appeal is as to whether the court helow erred in sustaining plaintiff’s demurrer to the separate special defenses pleaded in defendant’s answer.
The second separate defense alleged that the assignment of the lease to defendants by the N. Dysinger Company was void because not signed by the individual members of said firm. The fourth separate defense alleged that there was no consideration lor the assignment, or the assumption of the obligations of the original lessees by defendants, and that the same is therefore void. As these two defenses involve…
2Cases cited4 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Abbott v. DraperNew York Supreme Court · 1847
- Scott v. BushMichigan Supreme Court · 1873
- Wallace v. ScogginsOregon Supreme Court · 1889
3Cited by5 opinions
- Gravelin v. PorierMontana Supreme Court · 1926
- Wells v. WaddellMontana Supreme Court · 1921
- Tyler Commercial College v. StapletonSupreme Court of Oklahoma · 1912
- Harrison v. FreggerMontana Supreme Court · 1930
- Kettlekamp v. WatkinsMontana Supreme Court · 1924