Burnett v. Burnett
Montana Supreme Court
Appeal from District Court, Fergus County; Rudolf Von Tobel, Judge. Action by Elsie Burnett against W. C. Burnett. Judgment for plaintiff and defendant. appeals.
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Appeal from District Court, Fergus County; Rudolf Von Tobel, Judge. Action by Elsie Burnett against W. C. Burnett. Judgment for plaintiff and defendant. appeals. Plaintiff, under section 8421, Revised Codes of 1921, was obliged to complete the note before she could state a cause of action for the recovery of any interest, for the statute provides that “it [the note blank] must be filled up strictly in accordance • with the authority given, and within a reasonable time. ’ ’ This was settled by the law-merchant, and carried forward into the statute. (See Thompson v. Rathburn, .18 Or. 202, 22…
1Opinion of the CourtJustice Galen
This action was instituted by the plaintiff to recover eight per cent interest from January 31, 1918, on $4,000 for two years and nine months, upon a promissory note, the principal amount of which was paid at maturity and by agreement accepted by the plaintiff without prejudice to her right to claim interest. The note reads as follows:
*548“$4,000. Jan. 31, 1918.
“Two years and nine months after date, for value received, [1] I promise to pay to the order of Elsie Burnett at the First Nat. Bank of Lewistown, Mont., four thousand dollars with interest at-per cent, per annum.
“W. 0. Burnett.”
Defendant’s…
2Cases cited10 opinions
- Salazar v. TaylorSupreme Court of Colorado · 1893
- Kelly v. EllisMontana Supreme Court · 1909
- Wyoming National Bank v. BrownWyoming Supreme Court · 1898
- Hornstein v. CifunoNebraska Supreme Court · 1910
- State ex rel. Broadwater Farms Co. v. Broadwater Elevator Co.Montana Supreme Court · 1921
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3Cited by8 opinions
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- Mercer v. MercerMontana Supreme Court · 1947
- Travitzky v. KnutsonNorth Dakota Supreme Court · 1957
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