First National Bank of Butte v. Boyce
Montana Supreme Court
Appeal from Second Judicial District, Silver Brno County. Action to recover the amount of a promissory note, in which action Brown intervened.
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Appeal from Second Judicial District, Silver Brno County. Action to recover the amount of a promissory note, in which action Brown intervened. Judgment was rendered for' the plaintiff below by McHatton, J. Statement of the case by the justice delivering the opinion: The plaintiff, a national bank of Butte, Montana, sues James E. Boyce, Jr., doing business under the name oí J. E. Boyce, Jr., & Co., to recover the amount of a promissory note, dhted at Butte, December 11, 1890, for $60,000, payable on demand, with interest at the rate of one per cent per mouth until paid. The complaint alleges…
1Opinion of the CourtHunt, J.
— It is conceded by counsel for the plaintiff bank that the defendant Brown had a legal right to intervene for the purpose of trying the issue between the plaintiff bank and the defendant Boyce, as to the amount due upon the note at the date of the commencement of the action by the bank against Boyce. But it will be observed by the statement of the facts, that upon the trial of the case the intervenor expressly admitted that the amount alleged to be due in the complaint of plaintiff" bank, less a payment of $1,927.60, allowed as a credit by the bank, was a just debt, and expressly declined to…
2Cases cited3 opinions
- First National Bank v. NeillMontana Supreme Court · 1893
- Orr v. HaskellMontana Supreme Court · 1876
- Elling v. KirkpatrickMontana Supreme Court · 1886
3Cited by5 opinions
- Butte Hardware Co. v. KnoxMontana Supreme Court · 1903
- State ex rel. Pierson v. MillisMontana Supreme Court · 1897
- State ex rel. Washington Public Service Co. v. Superior CourtWashington Supreme Court · 1915
- Letz v. LetzMontana Supreme Court · 1950
- Waite v. VinsonMontana Supreme Court · 1896