Bovee v. Helland
Montana Supreme Court
Appeal from District Court, Dawson County; C. C. Hurley, Judge. Action by Estella Bovee against S. H. Helland. Judgment for plaintiff and defendant appeals. In an action at law, the court can impose no costs in the way of attorney’s fee excepting such as are expressly provided for by statute.
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Appeal from District Court, Dawson County; C. C. Hurley, Judge. Action by Estella Bovee against S. H. Helland. Judgment for plaintiff and defendant appeals. In an action at law, the court can impose no costs in the way of attorney’s fee excepting such as are expressly provided for by statute. (11 Cye. 104,- Larson v. Winder, 14 Wash. 647, 45 Pae. 315.) In a long line of authorities which is almost universal the courts have held that the attorney’s fee provided for in a note is a part of the debt which the maker of the note agrees to pay under certain conditions, and that the amount thereof…
1Opinion of the CourtChief Justice Brantly
On November 18, 1913, the defendant executed and delivered to the plaintiff three promissory notes for $400 each, due and payable, respectively, on the first days of January, February and March, 1914, with interest at the rate of 10 per cent per annum. Except as„ to their due dates, they are identical in form. The following is a copy of the first:
“$400.00. Glendive, Mont., November 18, 1913.
“January 1, 1914, after date, without grace, for value received, I or we jointly and severally promise to pay to the order of Estella Bovee, four hundred and no-100 dollars payable at the Exchange State…
2Cases cited12 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- De Jarnatt v. MarquezCalifornia Supreme Court · 1900
- Mills v. OlsenMontana Supreme Court · 1911
- Neuman v. GrantMontana Supreme Court · 1907
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3Cited by24 opinions
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- McBride v. School District No. 2Montana Supreme Court · 1930
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