Legal Opinion

First State Bank v. Lang

Montana Supreme Court

Decided July 9, 1918No. 3,922PublishedCited by 28 opinions

Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by tbe First State Bank of Hilger against H. H. Lang. Judgment for plaintiff, and from an order denying bim a new trial, defendant appeals. The contentions of appellant are: First. That the note, made the basis of this action, was regularly discharged. Second.

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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by tbe First State Bank of Hilger against H. H. Lang. Judgment for plaintiff, and from an order denying bim a new trial, defendant appeals. The contentions of appellant are: First. That the note, made the basis of this action, was regularly discharged. Second. That if the note was not regularly discharged in the first instance,. the action of the cashier was ratified by long acquiescence and by the bringing of suit on the obligation. Respondent contends that the action of the cashier in stamping the note “paid” and…

1Opinion of the Court

MR. JUSTICE' HOLLOWAY

delivered the opinion of the court.

In March, 1908, Chas. W. Smith and H. H. Lang executed and delivered to the First State Bank of Kendall their promissory note for $1,900, and, as additional security for the loan, Smith delivered to the bank 1,000 shares of the capital stock of the North Moccasin Mining Company. Although the note was not due until January, 1909, as early as April, 1908 — the month following its execution — Lang importuned Smith to make payment on it, which Smith declined to do, and the like requests were repeated by Lang thereafter but unsuccessfully. On…

2Cases cited9 opinions

  1. Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
  2. Bridge v. Connecticut Mutual Life InsuranceCalifornia Supreme Court · 1914
  3. United States Nat. Bank v. ShupakMontana Supreme Court · 1918
  4. Campbell v. WatsonNew Jersey Court of Chancery · 1901
  5. Scott v. GilkeyIllinois Supreme Court · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Beeler v. American Trust Co.California Supreme Court · 1944
  2. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  3. Mortgage Guarantee Co. v. ChotinerCalifornia Supreme Court · 1936
  4. Merchants' National Bank v. SmithMontana Supreme Court · 1921
  5. Lindsey v. Keenan, Andrews AllredMontana Supreme Court · 1946

23 more not listed; retrieve them via the Exa API.

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