Anderson v. Perkins
Montana Supreme Court
Appeal from Sixth Judicial District, Gallatin County. The cause was tried before Henry, J. The plaintiff had judgment below. It is apparent upon a careful inspection of the note that in drawing the instrument it was the intention of the makers to stipulate something more than the payment of $1,250 on a particular day with a certain rate of interest from date until paid.
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Appeal from Sixth Judicial District, Gallatin County. The cause was tried before Henry, J. The plaintiff had judgment below. It is apparent upon a careful inspection of the note that in drawing the instrument it was the intention of the makers to stipulate something more than the payment of $1,250 on a particular day with a certain rate of interest from date until paid. The form of the note is unusual, and if the parties had intended that the interest should run from date until paid, the words “ from date till maturity,” would not have been inserted, and the lines following the word “…
1Opinion of the CourtHarwood, J.
The main question brought to this court for determination by this appeal relates to the computation of interest and the application of partial payments on a certain promissory note made and delivered by appellants to respondent in the following terms: —
“$1,250. Bozeman, M. T., February 6, 1883.
“On or before the first day of August, 1883, we, or either of us, promise to pay to the order of David Anderson twelve hundred and fifty dollars, for value received, negotiable and payable without defalcation or discount, with interest at the rate of one and one-half per cent per month from date till…
2Cases cited5 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Stoughton v. LynchNew York Court of Chancery · 1816
- In re Estate of DenCalifornia Supreme Court · 1868
- Thayer v. WhiteCalifornia Supreme Court · 1853
3Cited by4 opinions
- York v. StewardMontana Supreme Court · 1898
- Gaffney Mercantile Co. v. HopkinsMontana Supreme Court · 1898
- Monidah Trust v. HruzeMontana Supreme Court · 1922
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934