Gillette v. Hibbard
Montana Supreme Court
Appeal from First District, Gallatin County. The suit in this case was begun before the expiration of the period of limitation provided by the statute in force at the time the cause of action arose, but after a new Statute of Limitations had gone into effect providing a shorter period of limitation. The case turned upon the application of the new statute. The case was tried by Blake, J. The notes were barred by the Statute of Limitations in force at the time suit begun.
Read the full summary
Appeal from First District, Gallatin County. The suit in this case was begun before the expiration of the period of limitation provided by the statute in force at the time the cause of action arose, but after a new Statute of Limitations had gone into effect providing a shorter period of limitation. The case turned upon the application of the new statute. The case was tried by Blake, J. The notes were barred by the Statute of Limitations in force at the time suit begun. Code of Civ. Proe., 1877, ch. 3, §41; Pierce v. Toby, 5 Mete. 168; Patterson v. Gaines, 6 How. (IT. S.) 550 ; Webster v.…
1Opinion of the CourtWade, C. J.
This is an action upon two certain promissory notes executed by the defendants to King and Gillette, each for the sum of $172 75, bearing date March 25, 1868, and payable in sixty and ninety days from date, with interest at the rate of three and one-half per cent per month. On the 23d day of April, 1868, the defendants paid $82.50 on the thirty-day note, and afterward both notes were sold and delivered to the plaintiff. There was a demurrer to the complaint, which was overruled, and *415thereafter the defendants answered, admitting the execution of the notes, but averring that the action was…
2Cases cited5 opinions
- Sohn v. WatersonSupreme Court of the United States · 1873
- Harvey v. TylerSupreme Court of the United States · 1865
- Billings v. HallCalifornia Supreme Court · 1857
- Lewis Ex Rel. Longworth v. LewisSupreme Court of the United States · 1849
- Nelson v. NelsonCalifornia Supreme Court · 1856
3Cited by9 opinions
- Guiterman v. WishonMontana Supreme Court · 1898
- Penrod v. HOSKINSON, MDMontana Supreme Court · 1976
- Wilson v. PickeringMontana Supreme Court · 1903
- United States Fidelity & Guaranty Co. v. WhittakerCourt of Appeals for the Ninth Circuit · 1925
- Harrington v. AndersonColorado Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.