Legal Opinion

Oleson v. Wilson

Montana Supreme Court

Decided March 14, 1898PublishedCited by 19 opinions

Appeal from District Court,' Meagher County. F. K. Armstrong, Judge. Action by Jacob Oleson against Charles E. Severance and another. From a judgment for plaintiff, defendant Gr. R. Wilson appeals. Statement of the case by the justice delivering the opinion.

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Appeal from District Court,' Meagher County. F. K. Armstrong, Judge. Action by Jacob Oleson against Charles E. Severance and another. From a judgment for plaintiff, defendant Gr. R. Wilson appeals. Statement of the case by the justice delivering the opinion. This is a suit, instituted in the District Court of Meagher county, to recover judgment od the following promissory note: “$3,000. Oka, Montana, Oct. 10, 1882. On thirty days’ sight we, or either of us, promise to pay Jacob Oleson three thousand dollars with interest at 1¿ per cent, per month until paid. [Signed] Jacob Severance. Charles…

1Opinion of the CourtPemberton, C. J.

Counsel for appellant rely upon First National Bank of Miles City v. Bullard, 20 Mont. 118, 49 Pac. 658, for a reversal of the judgment appealed from in the case at bar. In that case this court held ‘ ‘that, under the statutes of Montana, one joint maker of a note, by a partial payment thereon after its maturity, without the assent or ratification of his co-makers, binds only himself, so far as an extension of the statutory period of limitations is concerned. ’ ’ The material facts upon which the plea of the statute of limitations is predicated are identical in both cases.

Counsel for the…

2Cases cited8 opinions

  1. Palmer v. PalmerMichigan Supreme Court · 1877
  2. Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
  3. Shoemaker v. . BenedictNew York Court of Appeals · 1854
  4. Steele v. SouderSupreme Court of Kansas · 1878
  5. Willoughby v. IrishSupreme Court of Minnesota · 1886

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3Cited by19 opinions

  1. Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
  2. Stadler v. First National BankMontana Supreme Court · 1899
  3. Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
  4. State v. MottMontana Supreme Court · 1903
  5. Kujich v. LillieMontana Supreme Court · 1953

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