Murphy v. Nett
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Homer G-. Murpby, as assignee, against Anna E. Nett. Judgment for defendant and plaintiff appeals. Defendant requested the bank not to turn over the money to Weisner, and the bank in good faith, relying- upon her implied promise to indemnify and save it harmless from all damage by reason of its compliance with her request, refused to comply with Weisner’s demand.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Homer G-. Murpby, as assignee, against Anna E. Nett. Judgment for defendant and plaintiff appeals. Defendant requested the bank not to turn over the money to Weisner, and the bank in good faith, relying- upon her implied promise to indemnify and save it harmless from all damage by reason of its compliance with her request, refused to comply with Weisner’s demand. This constituted a good consideration for the implied promise, that is, a benefit conferred on Mrs. Nett and a prejudice suffered by the bank.…
1Opinion of the CourtChief Justice Brantly
This action was brought by the plaintiff, as assignee for value of a claim for the sum of $787.08 alleged to have become due to the National Bank of Montana, located and doing business at Helena, under the circumstances set out in the amended complaint, as follows: That defendant Anna E. Nett was the duly appointed, qualified and acting special administratrix of the estate of Edward J. Murphy, deceased; that on February 5, 1912, she had on general deposit in the bank to her credit as administratrix, subject to check, the sum of $8,369.75; that on that day one Raymond A. Weisner, claiming to…
2Cases cited2 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- Stadler v. First National BankMontana Supreme Court · 1899
3Cited by9 opinions
- In re Dolenty's EstateMontana Supreme Court · 1916
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- In re Williams' EstateMontana Supreme Court · 1918
- Pethybridge v. First State Bk. of LivingstonMontana Supreme Court · 1926
- In re the Estate of KrugerNew York Surrogate's Court · 1931
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