Ringling v. Biering

On motion for a rehearing the' original opinion herein is withdrawn and this one rendered and filed in substitution.

This is an action in equity, instituted by the plaintiff on November 7,’ 1925, to obtain a decree permitting him to offset a judgment which is entered against him in the sum of $323,722.90, together with accrued interest and costs (Biering v. Ringling, 74 Mont. 176, 240 Pac. 829), with promissory notes executed by the defendants Biering and Cunningham jointly and severally to the Elling Estate Company and the Elling State Bank, for the aggregate amount of $233,612.10, together…