Morrison v. Ornbaun
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judgc. Action by Mary A. Morrison against Maggie M. and Breck Ombaun. From a judgment for plaintiff, defendants appeal. Statemext of the Case. Plaintiff commenced tliis action to obtain judgment against defendants for the sum of $200, alleged to be due upon a. promissory note, together with an attorney’s fee, and for the foreclosure of a mortgage given to secure the payment of the note.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judgc. Action by Mary A. Morrison against Maggie M. and Breck Ombaun. From a judgment for plaintiff, defendants appeal. Statemext of the Case. Plaintiff commenced tliis action to obtain judgment against defendants for the sum of $200, alleged to be due upon a. promissory note, together with an attorney’s fee, and for the foreclosure of a mortgage given to secure the payment of the note. The district court sustained plaintiff’s demurrer to defendants’ amended answer. Defendants have appealed. The note reads as follows: “One year after…
1Opinion of the Court
MR. COMMISSIONER CALLAWAY
prepared the statement of the case and also the opinion for the court.
Did the attorneys for plaintiff rightfully demand an attorney’s fee for the collection of the note ? Counsel for defendants contend that the attorney’s fee was payable only in the event of a suit brought to enforce collection of the note. The precise point has not heretofore been before this court. Bank of Commerce v. Fuqua, 11 Mont. 285, 28 Pac. 291, 14 L. R. A. 588, 28 Am. St. Rep. 461, and Stadler v. First National Bank, 22 Mont. 190, 56 Pac. 111, 74 Am. St. Rep. 582, were cases construing the…
Also in this document: Per curiam.
2Cases cited8 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Stadler v. First National BankMontana Supreme Court · 1899
- Kennedy v. RichardsonIndiana Supreme Court · 1880
- Farmers' Nat. Bank v. Sutton Manuf'g Co.Court of Appeals for the Sixth Circuit · 1892
- Billingsley v. DeanIndiana Supreme Court · 1858
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3Cited by6 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Barnes v. Montana Lumber & Hardware Co.Montana Supreme Court · 1923
- Williams v. DockwillerNew Mexico Supreme Court · 1914
- National Park Bk. of N.Y. v. American B. Co.Montana Supreme Court · 1927
- Nett v. Stockgrowers' Finance Corp.Montana Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.