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BROWN v. MIDLAND NATIONAL BANK

No. 11123.

435 P.2d 878 (1967)

Ralph L. BROWN, Plaintiff and Respondent, v. MIDLAND NATIONAL BANK, a Corporation, Executor of the Estate of John Brown, also known as John Brown, Jr., Deceased, Defendant and Appellant.

Supreme Court of Montana.

Decided December 29, 1967.

As amended January 18, 1968.

Attorney(s) appearing for the Case

Longan & Holmstrom, Robert W. Holmstrom (argued), Billings, for defendant and appellant.

Cooke, Moulton, Bellingham, Longo & Mather, William S. Mather (argued), Billings, for plaintiff and respondent.

HASWELL, Justice.

This is an appeal by the executor of an estate from a judgment based upon a rejected creditor's claim. The suit was tried to a jury in the district court of Musselshell County and resulted in a jury verdict in favor of the alleged creditor in the sum of $8,963 and interest. Judgment was entered on the jury verdict and this appeal follows from that judgment.

The facts giving rise to this controversy are these: During the years 1947 through...

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