Grenfell v. Anderson, 1999 MT 272 (1999)

Citation: Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document: Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction: Montana (state)
Effective Date: 1999-11-09
Original Source: https://www.courtlistener.com/opinion/884898/grenfell-v-anderson/ ↗

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¶ Grenfell, in his brief to this Court, likewise argues that the common law rule for sufficient
default notice is controlling in this case. Grenfell’s authority in support of this contention,
however, pertains to other states’ statutes that abridge the common law by specifically
authorizing that notice is effective upon mailing. Grenfell distinguishes the authority presented
by Anderson by stating the rule that "where the notice has been properly mailed, its receipt will
be presumed, in the absence of evidence to the contrary." In re Leterman, Becher & Co., Inc. (2d
Cir. 1919), 260 F. 543, 548 (cited in Hotel Hay Corporation, 39 N.W.2d at 366) (emphasis added).
In turn, Grenfell provides the evidence to the contrary by stating that "Anderson did not receive

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