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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¶ On this issue, we conclude that the District Court's determination that Anderson refused Grenfell's notice of
default is not supported by substantial evidence in the record. The underlying facts related to this issue do not
demonstrate that Anderson actually refused receipt of the certified mail, contrary to the District Court’s
finding. In other words, if Grenfell had provided the court with evidence that a postal worker had handed
Anderson the certified letter from Grenfell at the Ernest Avenue address, and Anderson had refused to accept
it, then the District Court’s finding that he "refused to claim the certified default letter" would stand, as would
its conclusion that Anderson was in constructive receipt of the default notice. Likewise, any evidence that
Anderson avoided or refused service of notice pursuant to the well-established course of performance between
the parties would also support a conclusion that he could be charged with constructive receipt of the default
notice. Indeed, Anderson would not be permitted to profit from such wrongs.

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