Wright v. Bowlus
Montana Supreme Court
Appeals from District Court, Fergus County; Boy E. Ayers, Judge. Action by Edmund Wright against Mrs._ Hattie A. Bowlus and another. From judgment for defendants and an order denying new trial, plaintiff appeals. Counsel contends that no testimony could be given in regard to the conditions attaching to the delivery of the promissory note for the reason that it tends to vary the terms of the written instrument.
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Appeals from District Court, Fergus County; Boy E. Ayers, Judge. Action by Edmund Wright against Mrs._ Hattie A. Bowlus and another. From judgment for defendants and an order denying new trial, plaintiff appeals. Counsel contends that no testimony could be given in regard to the conditions attaching to the delivery of the promissory note for the reason that it tends to vary the terms of the written instrument. However, it has been held that it is permissible to show conditions attaching to the giving of a promissory note for the purpose of disclosing the intention in delivering it, and that…
1Opinion of the Court
MR. JUSTICE' GALEN
delivered the opinion of the court.
This is an action on a promissory note, dated August 23, 1913, for $900, executed by the defendants, payable to the plaintiff on or before March 15, 1914, with interest at six per cent per annum and reasonable attorney’s fees. Across the face of the note in red ink the following appears: “Not transferable. Commission note on sale to Taylor Rutter.” By answer filed the defendants admitted the execution of the note, but alleged that it was given as evidence of the balance of commissions agreed to be paid the Wright Land & Investment Company,…
2Cases cited7 opinions
- Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
- Ford v. BrownCalifornia Supreme Court · 1898
- Burnett v. PottsIllinois Supreme Court · 1908
- Wolverton v. TuttleOregon Supreme Court · 1908
- Beatty v. RussellNebraska Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Langford v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1935
- Roscow v. BaraMontana Supreme Court · 1943
- Cobb v. WarrenMontana Supreme Court · 1922
- Willard v. PrestonCourt of Appeals for the Eighth Circuit · 1937