Knox v. Gerhauser
Montana Supreme Court
Appeal from Third District, Lewis a/nd Ola/rTce County. This action was tried before Wade, 0. J., who entered a judgment for Knox. No judgment could be entered on the verdict under the laws of this Territory. The judgment does not follow the verdict. Frohner v. Rodgers, 2 Mon. 179. The action is barred by lapse of time.
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Appeal from Third District, Lewis a/nd Ola/rTce County. This action was tried before Wade, 0. J., who entered a judgment for Knox. No judgment could be entered on the verdict under the laws of this Territory. The judgment does not follow the verdict. Frohner v. Rodgers, 2 Mon. 179. The action is barred by lapse of time. The limitation upon promissory notes in California is four years, and appellant’s absence from the State cannot be deducted therefrom, because he was not a resident thereof at the time of the execution of the contract, but a resident of Nevada. Civ. Pr. Act, § 580; Cod. Sts.…
1Opinion of the CourtBlaee, J.
The respondent commenced this action April 1, 1875, to recover the amount due on a promissory note, which was made at Sacramento, State of California, October 1, 1869, and in which the appellant promised to pay to the order of the respondent, one day after date, $422.64 in gold eoin of the United States, or its equivalent, with interest, at the rate of one and one-half per centum per month. The case was tried by a jury and judgment was entered on the verdict in favor of the respondent. We will examine the questions that have been discussed by counsel.
The respondent filed an amended complaint…
2Cases cited21 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Brown v. SpoffordSupreme Court of the United States · 1877
- Bronson v. RodesSupreme Court of the United States · 1869
- Thompson v. ButlerSupreme Court of the United States · 1878
- Clark v. Robert Young & Co.Supreme Court of the United States · 1803
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3Cited by7 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Hosch v. HoweMontana Supreme Court · 1932
- Stoudt v. HansonMontana Supreme Court · 1922
- Swan v. Le ClairMontana Supreme Court · 1926
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.