McAllister v. McDonald
Montana Supreme Court
Appeal from District Court, Silver Bow County;. John B. McClernan, Judge. Action by W. E. McAllister against Alexander McDonald and! William Pelette, copartners as McDonald & Pelette. Plaintiff' had judgment, from which and an order denying a new trial defendants appeal.
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Appeal from District Court, Silver Bow County;. John B. McClernan, Judge. Action by W. E. McAllister against Alexander McDonald and! William Pelette, copartners as McDonald & Pelette. Plaintiff' had judgment, from which and an order denying a new trial defendants appeal. To support the cause of action alleged, the proof must ber (1) That Durand owed plaintiff; (2) that defendants promised' to pay Durand’s debt to plaintiff in consideration that plaintiff would release Durand and cancel the debt as to him; and (3) that plaintiff did release Durand and cancel the debt as-to him. And this proof…
1Opinion of the CourtJustice Smith
The complaint in this action alleges that in the year 1907 the plaintiff sold to one Arthur Durand goods, wares, and merchandise of the value of $786.95; that thereafter the defendants, as copartners, agreed to pay plaintiff the said sum of $786.95 upon consideration that the plaintiff would cancel the obligation of Durand to pay such sum, and release said Durand from all liability on account thereof; that plaintiff accepted said promise of defendants as a substitute for the original promise of Durand to pay for said goods, and canceled the original obligation of Durand and released him from…
2Cases cited9 opinions
- Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
- Lemans v. WileyIndiana Supreme Court · 1884
- Hanson v. NelsonSupreme Court of Minnesota · 1901
- Carpy v. DowdellCalifornia Supreme Court · 1901
- Howie v. California Brewery Co.Montana Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
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- Benema v. Union Central Life InsuranceMontana Supreme Court · 1933
- Kenison v. AndersonMontana Supreme Court · 1928
- Harrison v. FreggerMontana Supreme Court · 1930
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