OLSON v. McLEAN

No. 9439.

313 P.2d 1039 (1957)

Jeanne D. OLSON, as Executrix of the Estate of J.D. Kennedy, Deceased, Plaintiff and Respondent, v. George McLEAN, Defendant and Appellant.

Supreme Court of Montana.

Decided July 25, 1957.

Rehearing Denied August 19, 1957.


Attorney(s) appearing for the Case

J.B.C. Knight and Wade J. Dahood, Anaconda, for appellant. Wade J. Dahood argued orally.

Edwin T. Irvine, Philipsburg and Keeley & McElwain and Robert P. Ryan, Deer Lodge, for respondent. Robert P. Ryan argued orally.


CASTLES, Justice.

This is an appeal from a judgment on a verdict for plaintiff in a retrial of an action for money had and received. Defendant is the appellant, plaintiff the respondent. The judgment is affirmed.

Plaintiff sues as administratrix of her father's estate. Among his papers plaintiff found a canceled $1,100 check made out to defendant as an automobile purchase loan, but nothing to substantiate payment. Defendant admitted the loan, avowed payment...

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