Monidah Trust v. Hruze
Montana Supreme Court
Appeals from District Court, Silver Bow' County; Joseph B. Jackson, Judge. Action by.tbe Monidah Trust against William Hruze and another. From the judgment for plaintiff and an order denying motion for new trial, defendants appeal. Debtors may apply payments on principal to exclusion of interest. (Findall’s Fxrs. v. Marietta Bank, 37 Va. (10 Leigh) 481; also, Tooke v. Bonds, 29 Tex. 419; Steele v. Taylor, 34 Ky.
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Appeals from District Court, Silver Bow' County; Joseph B. Jackson, Judge. Action by.tbe Monidah Trust against William Hruze and another. From the judgment for plaintiff and an order denying motion for new trial, defendants appeal. Debtors may apply payments on principal to exclusion of interest. (Findall’s Fxrs. v. Marietta Bank, 37 Va. (10 Leigh) 481; also, Tooke v. Bonds, 29 Tex. 419; Steele v. Taylor, 34 Ky. (4 Dana) 445; Marye v. Strouse, 5 Fed. 483, 6 Sawy. 204.) The debtor may, at or before the time of payment, direct its application, and if the creditor receives the money, he is bound…
1Opinion of the CourtJustice Holloway
On June 9, 1914, the defendants executed and delivered to Alexander Murray their promissory note for $28,500, due on or before three years after date, with interest at eight per cent per annum, payable semi-annually. The principal was made payable at the banking house of James A. Murray, in Butte, and the interest at the First State Bank, in Livingston. The note provided: “If the interest be not paid as stipulated, the legal holder of this note may declare the principal due and proceed by law to recover both principal and interest.” The following payments were made and indorsed upon the note:…
2Cases cited5 opinions
- Tooke v. BondsTexas Supreme Court · 1867
- Kann v. KannSupreme Court of Pennsylvania · 1918
- Stanford v. CoramMontana Supreme Court · 1902
- Anderson v. PerkinsMontana Supreme Court · 1890
- Christnot v. Montana Gold & Silver Mining Co.Montana Supreme Court · 1868
3Cited by9 opinions
- Fowler v. COURTEMANCHEOregon Supreme Court · 1954
- State v. Erie RailroadSupreme Court of New Jersey · 1945
- Commissioner of Revenue v. MolesworthMassachusetts Supreme Judicial Court · 1990
- Gallatin Trust & Savings Bank v. DarrahMontana Supreme Court · 1969
- Pospishil v. JensenSupreme Court of Iowa · 1928
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