Yancey v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Park County; Frank Henry, Judge. Action by Dan Yancey and another, copartners as Yancey & Laurens, against the Northern Pacific Eailway Company. From a judgment for plaintiff and an order denying a motion for new trial, defendant appeals.
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Appeal from District Court, Park County; Frank Henry, Judge. Action by Dan Yancey and another, copartners as Yancey & Laurens, against the Northern Pacific Eailway Company. From a judgment for plaintiff and an order denying a motion for new trial, defendant appeals. As the assignment of the claim from Malone to Yancey & Laurens is the very foundation of the plaintiffs’ cause of action as set forth in the complaint, and as there was no proof introduced tending to support this allegation, there is a total failure of proof to sustain the verdict and judgment. Where the plaintiffs sue jointly,…
1Opinion of the CourtJustice Holloway
The complaint in this action alleges that on February 8, 1909, the defendant railway company was indebted to W. A. Malone in the sum of $140 for wages earned by Malone while employed by the railway company as a locomotive fireman; that on February 8, 1909, for a valuable consideration, Malone assigned his claim for wages to the plaintiffs; that plaintiffs notified the railway company of the assignment and demanded payment of the amount of the claim; and that this demand was refused. The answer of the railway company denies any indebtedness to Malone, denies any sufficient knowledge to form a…
2Cases cited8 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Frisch v. CalerCalifornia Supreme Court · 1862
- Hershfield & Bro. v. AikenMontana Supreme Court · 1880
- Yore v. MurphyMontana Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Stagg v. StaggMontana Supreme Court · 1931
- Cooper v. RomneyMontana Supreme Court · 1914
- Wertz v. LambMontana Supreme Court · 1911
- First National Bank of Butte v. SilverMontana Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.