Gallatin County Farmers' Alliance v. Flannery
Montana Supreme Court
'Appeals from District Court, Gallatin County; Ben B. Bans, Judge. Action by the Gallatin County Farmers’ Alliance against William Flannery. From a judgment for plaintiff and an order denying his motion for new trial, plaintiff appeals.
1Opinion of the CourtJustice Holloway
The complaint in this action states two causes of action; one upon a promissory note for $327.50 with interest at eight per cent per annum, and the oth§r upon an open account for goods, wares and merchandise sold and delivered to the defendant of the reasonable value of $3,299.53, no part of which has been paid except the sum of $2,866.05, leaving a balance due of $433.48.
The answer to the first cause of action admits the execution and delivery of the note and its nonpayment, and undertakes to plead failure of consideration. In answer to the second cause of action, defendant admits that…
2Cases cited10 opinions
- Farrington v. TennesseeSupreme Court of the United States · 1878
- Mitchell v. BeckmanCalifornia Supreme Court · 1883
- Payne v. ElliotCalifornia Supreme Court · 1880
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Cotter v. Butte & Ruby Valley Smelting Co.Montana Supreme Court · 1904
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3Cited by11 opinions
- Lowe v. CopelandCalifornia Court of Appeal · 1932
- Thisted v. Tower Management CorporationMontana Supreme Court · 1966
- Meagher v. HarringtonMontana Supreme Court · 1927
- State v. SmartMontana Supreme Court · 1927
- First National Bank in Billings v. First Bank Stock Corp.District Court, D. Montana · 1961
6 more not listed; retrieve them via the Exa API.