First National Bank v. Bullard
Montana Supreme Court
Appeal from District Court, Custer County. George li. Milbiirn, Judge. Action by the First National Bank of Miles City against William H. Bullard. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. On September 28, 1885, at Miles City, Montana, six persons executed a promissory note for §1,000, payable, on demand, to the First National Bank of Miles City.
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Appeal from District Court, Custer County. George li. Milbiirn, Judge. Action by the First National Bank of Miles City against William H. Bullard. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. On September 28, 1885, at Miles City, Montana, six persons executed a promissory note for §1,000, payable, on demand, to the First National Bank of Miles City. It appears that the principal who signed the note was one Alfred Ward. The other persons, although joint makers of the note, signed the…
1Opinion of the CourtBuck, J.
-The question in this case,' most elaborately discussed by respective counsel in their oral argument and briefs on file, is whether or not a part payment by one of the several joint makers of a note after it is due, without the consent or ratification of the others, extends the time prescribed by the statute for an action thereon as to all.
A leading authority relied upon by respondent is a decision rendered by Chief Justice Shaw in the case of Sigourney v. Drury, 14 Pick. 387. Among the authorities for the view contended for by appellant, we have deemed especially worthy of our consideration…
2Cases cited2 opinions
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- Cowhick v. ShingleWyoming Supreme Court · 1894
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- Baker v. Citizens' State BankMontana Supreme Court · 1928
- Oleson v. WilsonMontana Supreme Court · 1898
- Turner v. PowellMontana Supreme Court · 1929
- United States Fidelity & Guaranty Co. v. BourdeauMontana Supreme Court · 1922
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