Emerson-Brantingham Implement Co. v. Anderson
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by the Emerson-Brantingham Implement Company against Nellie Anderson. Judgment for defendant and plaintiff appeals. The court erred in finding that defendant received no consideration for the notes and mortgage.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by the Emerson-Brantingham Implement Company against Nellie Anderson. Judgment for defendant and plaintiff appeals. The court erred in finding that defendant received no consideration for the notes and mortgage. “A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by another.” (Norton on Bills and Notes, p. 256.) Thus we find the courts have held a…
1Opinion of the CourtChief Justice Brantly
the court.
This action was brought on July 21, 1916, to foreclose a mortgage upon a lot situate in Great Falls, Cascade county, belonging to the defendant. The mortgage was given to secure the payment of two promissory notes executed by defendant to plaintiff on October 31, 1913, due and payable, respectively, on December 1, 1913, and November 1, 1914, with interest at eight per cent per annum, together with attorney’s fees in' case it should become necessary to bring action of *621foreclosure. Recovery is also sought for the sum of $15 expended by plaintiff for an abstract of title of the…
2Cases cited2 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
3Cited by12 opinions
- Edwards v. MuriMontana Supreme Court · 1925
- Holland Furnace Co. v. RoundsMontana Supreme Court · 1961
- Riley v. ByrneMontana Supreme Court · 1965
- State Bank v. PewMontana Supreme Court · 1921
- State Ex Rel. Peck v. AndersonMontana Supreme Court · 1932
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