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KRAFT v. PATTYN

No. 9815.

342 P.2d 1063 (1959)

Raleigh KRAFT, Plaintiff and Respondent, v. Albert PATTYN, Defendant and Appellant.

Supreme Court of Montana.

Decided July 20, 1959.

Rehearing Denied September 1, 1959.

Attorney(s) appearing for the Case

Colgrove & Brown, Miles City, Gene Huntley, Baker, for appellant.

Bruce M, Brown, Miles City, argued orally.

Bert W. Kronmiller and Douglas Y. Freeman, Hardin, for respondent.

Douglas Y. Freeman, argued orally.

ANGSTMAN, Justice.

This action was upon a promissory note in the sum of $2,275.

Like the answer in 342 P.2d 1060, the defendant in his answer in this case admits that his signature appears on the note in question, but denied that he delivered and executed to plaintiff a note for $2,275, and alleged the fact to be that he is not indebted to plaintiff in the sum of $2,275 but only owes him an amount not in excess of $800.

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