Parchen v. Chessman
Montana Supreme Court
Appeal from District Court, Lewis and Clark County, First Judicial District; Lew. L. Callaioay, one of the Judges of the Fifth District, presiding. Action by Henry M. Parchen against William A. Chessman. From a judgment for plaintiff, defendant appeals. Any attempt to waive the statute of limitations is against public policy and unenforceable, especially when the attempted waiver is for an indefinite time and made a part of the note sued upon. (Nunn v. Edmiston, 9 Tex. Civ.
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Appeal from District Court, Lewis and Clark County, First Judicial District; Lew. L. Callaioay, one of the Judges of the Fifth District, presiding. Action by Henry M. Parchen against William A. Chessman. From a judgment for plaintiff, defendant appeals. Any attempt to waive the statute of limitations is against public policy and unenforceable, especially when the attempted waiver is for an indefinite time and made a part of the note sued upon. (Nunn v. Edmiston, 9 Tex. Civ. App. 562, 29 S'. W. 1115; Wright v. Gardner, 98 Ky. 454, 33 S. W. 622, 35 S. W. 1116; Moxley v. Ragan, 10 Bush (Ky.),…
1Opinion of the CourtChief Justice Brantly
On December 26, 1897, the defendant executed and delivered to the plaintiff the following promissory note:
“$9,663.50. Helena, Montana, December 26, 1897.
“One year after date I promise to pay to Henry M. Parchen, or order, the sum of nine thousand six hundred and sixty-three and 50/100 dollars, for value received, together with interest thereon at the rate of ten per cent per annum from date until paid; and further agree that in the event of a suit to enforce the collection of this note a reasonable counsel fee, to be fixed and determined by the court, shall be added to and form a part of the…
2Cases cited37 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Moore v. CoppCalifornia Supreme Court · 1897
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3Cited by70 opinions
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- Riley v. BlackerMontana Supreme Court · 1915
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