Bullard v. Smith
Montana Supreme Court
Appeal from District Court, Custer County; C. H. Loud. ■Judge. ActioN by W. H. Bullard against H. A. Smith. From a judgment for defendant, and from án order denying a new trial, plaintiff appeals. The note in suit is negotiable, because the Act of 1899, amending Section 3996, Civil Code, is remedial, to be liberally construed, and is properly applicable to the note in suit. (Blade on Interpretation of Laws, pp. 261-263, 307-312; Ins. Co. v. Talbot, 3 Am.
Read the full summary
Appeal from District Court, Custer County; C. H. Loud. ■Judge. ActioN by W. H. Bullard against H. A. Smith. From a judgment for defendant, and from án order denying a new trial, plaintiff appeals. The note in suit is negotiable, because the Act of 1899, amending Section 3996, Civil Code, is remedial, to be liberally construed, and is properly applicable to the note in suit. (Blade on Interpretation of Laws, pp. 261-263, 307-312; Ins. Co. v. Talbot, 3 Am. St. Rep. 655; Bank v. Fuqua, 11 Mont. 282; Wilson S. M. Co. v. Moreno, 7 Fed. 806'; Salisbury v. Stewart, 62 Am. St. Rep. 934; Williams v.…
1Opinion of the Court
MR COMMISSIONER CLAYBERG
prepared the opinion for the court.
Action on promissory note dated November 29, 1898,’ fox $1,000, made, executed and delivered by respondent to one James Donaldson, and transferred to appellant for a valuable consideration before maturity. The note in question was in the following form: “Miles City, Montana, Nov. 29, 1898. $1,000.00. Sixty days, without grace after date I promise to pay to the order of James Donaldson, one thousand dollars, at the First National Bank of Miles City, with interest at ten (10) per cent, per annum from and after M. until paid, for value…
2Cases cited10 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Stadler v. First National BankMontana Supreme Court · 1899
- Teralta Land & Water Co. v. ShafferCalifornia Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Tanner v. SmithMontana Supreme Court · 1934
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Tigh v. College Park Realty Co.Montana Supreme Court · 1967
- R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
25 more not listed; retrieve them via the Exa API.