Easterly v. Jackson

• Court: Montana Supreme Court
• Writing for the Court: SMITH, J.
• Citation: Easterly v. Jackson, 36 Mont. 205, 92 P. 480 (Mont. 1907)
• Decision Date: 18 November 1907
• Parties: EASTERLY v. JACKSON.

92 P. 480

36 Mont. 205

EASTERLY v. JACKSON.

Supreme Court of Montana

November 18, 1907

Appeal from District Court, Broadwater County; W. R. C. Stewart Judge.

Action by Allen M. Easterly against James E. Jackson. From an order denying plaintiff a new trial after the entry of judgment in favor of defendant, plaintiff appeals. Affirmed.

John H Shober and E. H. Goodman, for appellant.

SMITH J.

This is the second appeal in this case. Easterly v. Jackson, 29 Mont. 496, 75 P. 357. On the former appeal this court held that the instrument sued on was, according to plaintiff's own testimony, given without consideration, and reversed a judgment in favor of the plaintiff. Upon a new trial being had, the court below granted a nonsuit against the plaintiff and thereafter entered a judgment in favor of the defendant. From an order denying him a new trial of the issues plaintiff appeals.

Personally I am unable to concur in the reasoning of this court upon the former appeal. But that decision is the law of the case, and unless the plaintiff on the retrial introduced some additional evidence going to show a consideration for the instrument declared upon, he was properly nonsuited. I have carefully examined the testimony, and I find no new or additional evidence in substance. Had the offer of proof, made by plaintiff's counsel, been as broad in its scope as the allegations of his replication, I have no doubt it would have been error on the part of the court...