Davis v. Hendrie
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County. Judgment was rendered in December, 1871, by Wade, J. Tbe facts appear in the opinion. The Montana statute leaves the rate of interest on written obligations to be regulated by the parties. Acts 1865, 535; 2 Sto. on Cont. 1028. The parties to the note sued on contract, especially and exclusively, for interest after maturity.
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Appeal from the Third District, Lewis and Clarke County. Judgment was rendered in December, 1871, by Wade, J. Tbe facts appear in the opinion. The Montana statute leaves the rate of interest on written obligations to be regulated by the parties. Acts 1865, 535; 2 Sto. on Cont. 1028. The parties to the note sued on contract, especially and exclusively, for interest after maturity. Is this good ? Hand v. Armstrong, 18 Iowa, 324; Lucas v. Pickle, 20 id. 490; Payne v. Clark, 23 Mo. 259 ; Robinson v. Kinney, 2 Kan. 184 ; Searle v. Adams, 3 id. 515; McLane v. Abrams, 2 Nev. 199; Kohler v. Smith, 2…
1Opinion of the CourtKnowles, J.
The plaintiff brought an action to foreclose a mortgage executed to secure the payment of a promissory note for the sum of $1,725. A copy of the note is not set forth in the record. Its substance is, however, presented in plaintiff’s complaint. From this we find that the defendants promised to pay the above sum in six months, with interest after maturity at the rate of four per cent per month.
The court below held that an agreement for interest was invalid and void on contracts due, and refused to allow the same. To this ruling the plaintiff excepted, and appealed to this court, assigning this…
2Cases cited2 opinions
- McLane v. AbramsNevada Supreme Court · 1866
- Talcott v. MarstonSupreme Court of Minnesota · 1859
3Cited by6 opinions
- Ballard v. GregoryMontana Supreme Court · 1975
- Goggans v. WinkleyMontana Supreme Court · 1972
- Matter of Comm. on Code of JudicialMontana Supreme Court · 2003
- STATE v. McKENZIEMontana Supreme Court · 1978
- State v. BrownMontana Supreme Court · 1976
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