Parchen v. Chessman
Montana Supreme Court
Appeal from First Judicial District Court, Lewis and Clark County; John A. Matthews, Judge of the Fourteenth District,presiding. Action by Henry M. Parchen against William A. Chessman. Judgment for defendant and plaintiff appeals.
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Appeal from First Judicial District Court, Lewis and Clark County; John A. Matthews, Judge of the Fourteenth District,presiding. Action by Henry M. Parchen against William A. Chessman. Judgment for defendant and plaintiff appeals. If there is but the unsupported oath of one of the parties to an instrument on one side and the opposing contradictory oath of the other party, together with the words of the instrument on the other side, such unsupported oath is not sufficient to justify reformation, and the evidence should not be submitted to the jury. (Jackson v. Payne, 114 Pa. St. 67, 6 Atl.…
1Opinion of the CourtJustice Holloway
This action was brought to recover upon a promissory note dated December 26, 1897. The defendant prevailed in the lower court, and plaintiff has appealed.
[1] The second defense interposed is to the effect that in 1893 the defendant executed and delivered to plaintiff his certain promissory note; that when such note became due in 1894 it was renewed by defendant executing and delivering to plaintiff another note; that in 1896 a third note was given in renewal of the second; and that in 1897 the note sued upon was given in renewal of the balance due upon the third note. It is further alleged…
2Cases cited11 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Parchen v. ChessmanMontana Supreme Court · 1914
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Adams v. StenehjemMontana Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Oklahoma Hospital v. BrownSupreme Court of Oklahoma · 1922
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- In Re Silver's EstateMontana Supreme Court · 1934
- In Re Wray's EstateMontana Supreme Court · 1933
- Frisnegger v. GibsonMontana Supreme Court · 1979
24 more not listed; retrieve them via the Exa API.