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McNAUGHT v. WEYH

No. 9219.

276 P.2d 491 (1954)

McNAUGHT v. WEYH, et al.

Supreme Court of Montana.

Rehearing Denied November 22, 1954.

Attorney(s) appearing for the Case

McCabe & McCabe, and Ernest J. McCabe, Jr., Great Falls, for appellants.

Hall, Alexander & Burton, H. C. Hall, Great Falls, Walchli, Korn & Warden, Kalispell, for respondent.

ANDERSON, Justice.

The plaintiff, Joseph E. McNaught, filed an amended complaint on July 10, 1950, wherein it is alleged that Homer P. Butts borrowed $5,000 from him in order that he, Butts, may purchase an undivided one-half interest in the National Bar at Kalispell, Montana. Butts executed and delivered a promissory note to plaintiff in the sum of $5,000 bearing five percent interest and due April 20, 1951. To secure payment of the note Butts executed and delivered...

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