Northwestern National Bank v. Great Falls Opera House Co.
Montana Supreme Court
ON APPEAL. Appeal from District Court, Cascade County; Dudley Du Dose, Judge. Action by the Northwestern National Bank of Great Falls against the Great Falls Opera House Company and others. A judgment in favor of plaintiff was paid by Ernest Crutcher and others, who were sureties for the opera house company, and joint judgment debtors. From an order directing execution to issue in favor of the paying sureties against F. P. Atkinson, the latter appealed.
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ON APPEAL. Appeal from District Court, Cascade County; Dudley Du Dose, Judge. Action by the Northwestern National Bank of Great Falls against the Great Falls Opera House Company and others. A judgment in favor of plaintiff was paid by Ernest Crutcher and others, who were sureties for the opera house company, and joint judgment debtors. From an order directing execution to issue in favor of the paying sureties against F. P. Atkinson, the latter appealed. Statement op the Case. This is an appeal from an order made and entered in the district court of the Eighth Judicial District, in and for…
1Opinion of the CourtChief Justice Brantly
Appellant complains that the court below committed error in the following particulars:(1) In striking out his plea of the statute of limitations.(2) In striking out his defense of release based upon his alleged contract with respondents.(3) In directing execution to issue notwithstanding the proof showed that respondents had been reimbursed for the money expended by them in the payment of the judgment.(4) In sustaining the objection of respondents to the introduction as evidence of the minutes of a meeting of the board of trustees of the Opera House Company held on October 5, 1891.
We notice…
2Cases cited15 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
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- Atlee v. FinkSupreme Court of Missouri · 1881
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- Spinks v. DavisMississippi Supreme Court · 1856
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