Cornish v. Woolverton
Montana Supreme Court
Appeal from District Court, Gallatin County; Franh'Henry, Judge. Action by William Cornisb against William W. Woolverton and others. From a judgment for plaintiff, defendants appeal. The paper in snit is non-negotiable because it provides that if not paid when due, both principal and interest shall bear an increased rate of interest. (Stadler v. Bank, 22 Mont. 190, 200-206, 74 Am. St. Rep. 582, 56 Pac.
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Appeal from District Court, Gallatin County; Franh'Henry, Judge. Action by William Cornisb against William W. Woolverton and others. From a judgment for plaintiff, defendants appeal. The paper in snit is non-negotiable because it provides that if not paid when due, both principal and interest shall bear an increased rate of interest. (Stadler v. Bank, 22 Mont. 190, 200-206, 74 Am. St. Rep. 582, 56 Pac. Ill; Hegler v. Gom-stock, 1 S. D. 138, 45 N. W. 331, 8 L. R. A. 393; Adams v. Seaman, 82 Cal. 636, 23 Pae. 53; Randolph v. Hudson, 12 •Okla. 516, 74 Pac. 946.) The note is non-negotiable for…
1Opinion of the Court
• MP. CHIEF JUSTICE BPANTLY
delivered the opinion, of the court.
Action to foreclose a mortgage executed on August 1, 1895,. to secure a promissory note for borrowed money, by the de*463fendants William W. Woolverton and his wife, Joanna Woolverton, to the Bunnell and Eno Investment Company, a New Jersey corporation (hereinafter referred to as “the company”).
The plaintiff sues as the purchaser for value of the mortgage and note prior to muturity, evidenced by written assignment to him by the company, duly acknowledged, and recorded in Gallatin county on September 28, 1895. The complaint is in the…
2Cases cited35 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
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- Myers v. . DavisNew York Court of Appeals · 1860
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- Bank of Commerce v. FuquaMontana Supreme Court · 1891
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