KRAUS v. NEWMAN

No. 10031.

352 P.2d 261 (1960)

David J. KRAUS and Patricia Rose Kraus, his wife, Plaintiffs and Respondents, v. Albert NEWMAN and Jean May Newman, his wife, Defendants and Appellants.

Supreme Court of Montana.

Decided May 27, 1960.


Attorney(s) appearing for the Case

Russell K. Fillner, Forsyth, argued orally, for appellants.

Hugh J. Lemire, Miles City, argued orally, for respondents.


HARRISON, Chief Justice.

This is an appeal from the district court of Custer County, Montana, from a judgment entered on a jury verdict directed by the district court.

In the district court, plaintiffs, by complaint in the usual form, sued upon a promissory note in the sum of $2,000 executed by the defendants. By answer defendants admitted the execution of the note, but denied all other allegations of the complaint. For an affirmative defense they alleged...

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