Lewis v. Weyerhorst
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action on promissory note. Plaintiff’s motion for judgYnent on the pleadings was sustained by McHatton, J. Statement of the case by the justice delivering the opinion. This is an action on two promissory notes.
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Appeal from Second Judicial District, Silver Bow County. Action on promissory note. Plaintiff’s motion for judgYnent on the pleadings was sustained by McHatton, J. Statement of the case by the justice delivering the opinion. This is an action on two promissory notes. The complaint alleges that defendant executed and delivered these notes to Robert Grix on the' 10th day of June, 1891; that on the 23d day of June, 1893, the said Grix assigned said notes, and all ■claims thereunder against the defendant, to the plaintiff for value, and that plaintiff is the owner and holder thereof. The answer…
1Opinion of the CourtPemberton, C. J.
The question presented by this appeal is whether the specific denial, on information and belief, contained in the answer, of the assignment of the notes sued on, presented a material issue for trial.
Section 89, Code of Civil Procedure, provides: “If the. complaint be verified, the denial of each allegation controverted must be specific, and be made positively, or according; to the information and belief of the defendant. ’ ’
Section 96, Code of Civil Procedure, provides that: “The affidavit of verification shall state that the facts stated in the pleading are true to the knowledge of the…
2Cases cited3 opinions
- Haldeman v. United StatesSupreme Court of the United States · 1876
- Meadowcraft v. WalshMontana Supreme Court · 1895
- Stacy v. BennettWisconsin Supreme Court · 1884