McFarland v. Cutter
Montana Supreme Court
Appealfrom, the Third District, Lewis and Clarice County. In March, 1871, the court, Warren, J., rendered judgment in favor of McFarland. The promissory note, set forth in the complaint, was as follows: “Fort Shaw, M. T., May 14,1870. “ On demand, we promise to pay Joseph J. McFarland, five hundred and fifty dollars for value received ($550). “CUTTER & TAYLOR.” [Stamp.] The other facts appear in the opinion.
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Appealfrom, the Third District, Lewis and Clarice County. In March, 1871, the court, Warren, J., rendered judgment in favor of McFarland. The promissory note, set forth in the complaint, was as follows: “Fort Shaw, M. T., May 14,1870. “ On demand, we promise to pay Joseph J. McFarland, five hundred and fifty dollars for value received ($550). “CUTTER & TAYLOR.” [Stamp.] The other facts appear in the opinion. The court erred in rendering judgment while the demurrer was on file and not disposed of. No interest could be recovered on the note sued on. If the writ was a demand, interest could only…
1Opinion of the CourtMurphy, J.
This action is brought to recover the principal and interest on a promissory note, executed by defendants on the 14th of May, 1870, for $550, and payable to plaintiff “on demand;” and also to recover a balance of $378 in favor of plaintiff, on an account stated between plaintiff and defendants on thé 28th of December, 1870.
In the court below the defendants filed a demurrer to the complaint, which, on their own motion, was afterward withdrawn, and leave given to file an answer by a certain day.
On the day fixed, instead of an answer, defendants filed a second demurrer to the complaint, on the…
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