State Bank of Moore v. Forsyth
Montana Supreme Court
Appeal from District Court, Fergus County; J. Miller Smith, Judge of the First Jiidicial District, presiding. Action by the State Bank of Moore against John R. Forsytb. Judgment for defendant, and plaintiff appeals from it and an order denying it a new trial. A contemporaneous parol agreement between the parties to a note that it was not to be enforced as between the parties constitutes no defense to the note.
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Appeal from District Court, Fergus County; J. Miller Smith, Judge of the First Jiidicial District, presiding. Action by the State Bank of Moore against John R. Forsytb. Judgment for defendant, and plaintiff appeals from it and an order denying it a new trial. A contemporaneous parol agreement between the parties to a note that it was not to be enforced as between the parties constitutes no defense to the note. (Davy v. Kelley, 66 Wis. 452, 29 N. W. 232; Dolson v. De Ganahl, 70 Tex. 620, 8 S. W. 321; Tacoma Mill Co. v. Sherwood, 11 Wash. 492, 39 Pae. 977.) Parol evidence of an oral agreement…
1Opinion of the CourtJustice Smith
The plaintiff began this action in the district court of Fergus county to recover judgment against the defendant on a certain promissory note for. $1,550, dated June 20, 1907, due four months after date, with interest after maturity at the rate of ten per cent per annum. The defendant answered, admitting the corporate capacity of the plaintiff, and that the latter was the owner and holder of the note. He also admitted the making and delivery of the note, but denied that it was given for a valuable consideration, or for any consideration whatever. By way of affirmative defense he alleged that…
2Cases cited30 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Martin v. WebbSupreme Court of the United States · 1884
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Benton v. . MartinNew York Court of Appeals · 1873
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3Cited by38 opinions
- German American State Bank v. WatsonSupreme Court of Kansas · 1917
- Vallely v. DevaneyNorth Dakota Supreme Court · 1923
- Skagit State Bank v. MoodyWashington Supreme Court · 1915
- First National Bank v. BaerSupreme Court of Pennsylvania · 1923
- Montana Electric Co. v. Northern Valley Min. Co.Montana Supreme Court · 1915
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