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20 Mont. 197

Boscovitz v. Cooper

Montana Supreme Court

Decided October 11, 1897

Montana Supreme Court · decided 1897-10-11

F. K. Armstrong, Judge. Action by Leopold Boscovitz against Walter Cooper. From a judgment in favor of plaintiff, defendant appeals. Statement of the case. This was an action on a promissory note.

Affirmed · Decided 1897-10-11

Pee Cueiam.

¶1None of the evidence is contained in the record. The appellant contends that the pleadings do not support the judgment.

¶2The replication is not a model of good pleading. Its averments as to the disposal of the bonds held as collateral se.curity for the payment of the note were somewhat indirect and ambiguous.’ No objection was made •to the replication, however, and it contained direct denials of all the affirmative averments of the answer, which fully sufficed to raise issues for trial. We are of the opinion that there is no merit in appellant’s contention that the pleadings do not support the judgment.

¶3The judgment is affirmed, with costs.

¶4Affirmed.

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