Dodge v. Birkenfeld
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County. H. P. Buck, Judge. The plaintiff, Elizabeth Dodge, sued the defendant, A. Birkenfeld, to recover the amount of a promissory note, dated at Helena, Montana, October 6, 1890, and due October 6, 1893, made by George H. Pew, in favor of M. Bolles & Co., and interest thereon, and for judgment in foreclosure of a mortgage given by said George H. Pew and wife to M. Bolles & Co., and assigned to plaintiff.
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Appeal from District Court, Lewis and Clarke County. H. P. Buck, Judge. The plaintiff, Elizabeth Dodge, sued the defendant, A. Birkenfeld, to recover the amount of a promissory note, dated at Helena, Montana, October 6, 1890, and due October 6, 1893, made by George H. Pew, in favor of M. Bolles & Co., and interest thereon, and for judgment in foreclosure of a mortgage given by said George H. Pew and wife to M. Bolles & Co., and assigned to plaintiff. The defendant, Birkenfeld, answered, pleading payment and satisfaction, and setting forth that he had purchased the mortgaged premises on…
1Per curiam
It appears from the testimony that the plaintiff, Mrs. Dodge, a resident of Essex, Mass., on March 5, 1891, bought the note and mortgage sued on, from M. Bolles & Co., of Boston, for $1,200, and on that day received a formal written assignment of said note and mortgage, all of which were delivered to her by Bolles & Co. Mrs. Dodge deposed that the note, mortgage, and interest coupon therewith were actually in her possession from the day she bought them until some time in April, 1893, when she sent them to Bolles & Co., to be by them forwarded to Helena, Montana, for collection. After Bolles &…
2Cases cited1 opinion
- Smith v. . KiddNew York Court of Appeals · 1877
3Cited by8 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Hull v. DiehlMontana Supreme Court · 1898
- Cogswell v. CannadySupreme Court of South Carolina · 1926
- Moore v. SkylesMontana Supreme Court · 1905
- Smith v. JarmanUtah Supreme Court · 1922
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