Garretson v. Purdy
Supreme Court Of The Territory Of Dakota
Appeal from the District Cowrt of Yankton County. The note upon which this action was brought, is as follows: “ $200. Marshalltown, Iowa, July 12, 1879.” “ One year after date I promise to pay to the Hayworth Pence “ Co. or bearer, at Marshalltown, Iowa, two hundred dollars,with “ interest at ten per cent, per annum, payable annually, ten per “ cent, on interest due, and if action is commenced hereon, attor- “ ney’s fee for collection. J. M. Stone.”
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Appeal from the District Cowrt of Yankton County. The note upon which this action was brought, is as follows: “ $200. Marshalltown, Iowa, July 12, 1879.” “ One year after date I promise to pay to the Hayworth Pence “ Co. or bearer, at Marshalltown, Iowa, two hundred dollars,with “ interest at ten per cent, per annum, payable annually, ten per “ cent, on interest due, and if action is commenced hereon, attor- “ ney’s fee for collection. J. M. Stone.” The remaining facts are stated in the opinion. Points and authorities cited: The stipulation in the note to pay attorney’s fees does not render…
1Opinion of the CourtEdgerton, C. J.
The appellant brought an action in the Second Judicial District Court, for the county of Tanlcton, against the respondent as administrator of the estate of James M. Stone deceased, alleging the death of the said James M. Stone, and the appointment of the respondent as administrator, and further alleging that the said Stone, on July 12, 1879, made his promissory note whereby he promised to pay the Hayworth Fence Company, or bearer, one year after date,' the sum of two hundred dollars, with interest at 10 per cent., and if action be commenced thereon, attorney’s fees for collection; that…
2Cases cited4 opinions
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Sperry v. HorrSupreme Court of Iowa · 1871
- Lowe v. BlissIllinois Supreme Court · 1860
- Stewart v. SmithIllinois Supreme Court · 1862
3Cited by7 opinions
- Stadler v. First National BankMontana Supreme Court · 1899
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Chandler v. KennedySouth Dakota Supreme Court · 1895
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1926
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