Merchants' National Bank v. Smith
Montana Supreme Court
Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by the Merchants’ National Bank of Billings against Thomas C. Smith and Walter O. Lee. From a judgment for plaintiff, defendant Lee appeals. That the apparent maker of a note may show by evidence dehors the note that he signed the same as an accommodation maker or surety and not otherwise is well settled.
Read the full summary
Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by the Merchants’ National Bank of Billings against Thomas C. Smith and Walter O. Lee. From a judgment for plaintiff, defendant Lee appeals. That the apparent maker of a note may show by evidence dehors the note that he signed the same as an accommodation maker or surety and not otherwise is well settled. It is the statute, Rev. Codes, section 5681, and it is also expressly só decided in Smith v. Freyler, 4 Mont. 489-, 47 Am. Rep. 358. 1 Pac. 214, and cases there cited; see, also, note on page 711 of Keidan v.…
1Opinion of the CourtJustice Holloway
This action was brought to recover the balance due upon the following promissory note:
“Billings, Montana, May 7, 1917.
“Four months after date without grace, for value received, I promise to pay to the order of the Merchants’ National Bank *288of Billings, Montana, thirty-five hundred dollars with interest from date at the rate of ten per cent per annum until paid, with an attorney’s fee in case payment shall not be made at maturity. Presentment for payment, protest and notice of dishonor waived by each maker, indorser and guarantor hereof.
“Thos. C. Smith.
“W. O. Lee.”
The complaint is in the usual…
2Cases cited29 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Liberty Trust Co. v. TiltonMassachusetts Supreme Judicial Court · 1914
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
24 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Mortgage Guarantee Co. v. ChotinerCalifornia Supreme Court · 1936
- Bank of Commerce & Savings v. RandellNebraska Supreme Court · 1921
- Anderson v. BorderMontana Supreme Court · 1926
- Baggish v. OffengandSupreme Court of Connecticut · 1922
22 more not listed; retrieve them via the Exa API.