Yellowstone National Bank v. Gagnon
Montana Supreme Court
Appeal from District Court, Yellowstone County. George B. Milburn, Judge. Action by the Yellowstone National Bank of Billings, a corporation, against E. H. Gagnon. From a judgment in favor of plaintiff, defendant appeals. Statement of the case by the justice delivering the opinion. The plaintiff and respondent bank sued the defendant and appellant to recover upon three promissory notes made by the defendant.
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Appeal from District Court, Yellowstone County. George B. Milburn, Judge. Action by the Yellowstone National Bank of Billings, a corporation, against E. H. Gagnon. From a judgment in favor of plaintiff, defendant appeals. Statement of the case by the justice delivering the opinion. The plaintiff and respondent bank sued the defendant and appellant to recover upon three promissory notes made by the defendant. One of the notes was dated April 25, 1895, for the sum of $750. Another note was dated October 9, 1894, was due one year after date, and made to the order of J. J. Nickey, for $2,392.75.…
1Opinion of the CourtHunt, J.
In considering the question presented by this appeal, it must be remembered throughout that the single note over which this controversy arises — that is, the note for $2,392.75 — was indorsed to the plaintiff by Nickey simply as collateral security for a debt of $1,200, due the bank by Nickey. It is upon this note that the plaintiff maintains a right to recover for the fáce thereof unconditionally and in all events, without reference to the debt of Nickey intended to be secured thereby.
Much space in the brief and argument of the respondent’s counsel is devoted to supporting the proposition…
2Cases cited8 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Fisher v. FisherMassachusetts Supreme Judicial Court · 1867
- Huff v. WagnerNew York Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Corinth Bank & Trust Co. v. Security Nat. BankTennessee Supreme Court · 1923
- German American Bank v. WrightWashington Supreme Court · 1915
- Yellowstone National Bank v. GagnonMontana Supreme Court · 1901
- Gables Racing Ass'n v. PerskySupreme Court of Florida · 1934
- Canadian Bank of Commerce v. Sesnon Co.Washington Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.