Henry O. Shepard Co. v. Freeman
Montana Supreme Court
'Appeal from District Court, Lewis and Clark County; Tlws. C. Bach, Judge. Action by the Henry 0. Shepard Company against George 0: Freeman. From a judgment for plaintiff upon a directed verdict, defendant appeals. By its indorsement of the agreement in the words “we hereby consent to the above contract,” respondent ratified it, made itself a party thereto, and is bound by its terms. (Laclede etc. Mfg.
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'Appeal from District Court, Lewis and Clark County; Tlws. C. Bach, Judge. Action by the Henry 0. Shepard Company against George 0: Freeman. From a judgment for plaintiff upon a directed verdict, defendant appeals. By its indorsement of the agreement in the words “we hereby consent to the above contract,” respondent ratified it, made itself a party thereto, and is bound by its terms. (Laclede etc. Mfg. Co. v. Williams, 14 Colo. 37, 23 Pac. 453; Drakeley v. Gregg, 8 Wall. 267, 19 L. Ed. 409.) But without regard to such ratification, respondent is bound by the terms and conditions thereof by…
1Opinion of the CourtChief Justice Brantly
This action was brought to recover a judgment for the principal sum of $1,385.35 upon a promissory note executed and delivered to plaintiff, an Illinois corporation, by defendant on August 13, 1901, due and payable sixty days thereafter, together with interest from the date of maturity.
The complaint is in the ordinary form. The answer of defendant admits all the allegations contained in it. By way of special defense, as showing a total failure of consideration for which the note was given, it then alleges as follows:
“(1) That on or about the thirty-first day of January, 1901, H. C. Freeman…
2Cases cited4 opinions
- Lancaster v. RobertsIllinois Supreme Court · 1893
- Blackmer v. DavisMassachusetts Supreme Judicial Court · 1880
- Danker v. AtwoodMassachusetts Supreme Judicial Court · 1875
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- Washington v. StoverSupreme Court of Oklahoma · 1934