[DOWNLOAD] "Electrical Products Consol. v. Goldstein" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: Electrical Products Consol. v. Goldstein
• Author : Supreme Court of Montana
• Release Date : January 17, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Venue ? Action on Contract for Payment of Money ? Contract Silent as to Place of Performance ? Presumption ? Motion for Change of Venue to Improper County Properly Denied. Venue ? Action on Express Contract for Payment of Money ? Contract Silent as to Place of Performance ? Presumption. 1. Where an express contract for the payment of money is silent as to the place of performance, the presumption is that payment is to be made at the place of the creditors residence or business, and, under section 9096, Revised Codes 1921, an action thereon is properly triable in the county of the latter. Same ? Motion for Change of Venue to Improper County Properly Denied. 2. An action for the payment of money was commenced in the county where the contract giving rise to the debt was made; the instrument did not provide where payment should be made. Defendant was served with process in another county where he then resided and where plaintiff corporation had no place of business; he moved for change of venue to the county of his residence, alleging in his motion, inter alia, that plaintiff had its place of business in a third county. The motion was denied. Held, that the court decided correctly, since such an action may be tried in any county unless change of venue be asked to the proper one, and since, upon the assumption that the last county mentioned was the proper one for trial (see par. 1, supra), no motion for change to it had been made, the motion as made, on the contrary, having sought a transfer to an improper county. - Page 582

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