Lyon v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; J. B. Poindexter, Judge. Action by John W. Lyon against the United States Fidelity & Guaranty Company. Judgment for plaintiff. Defendant appeals from it and an order denying it a new trial.
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Appeal from District Court, Jefferson County; J. B. Poindexter, Judge. Action by John W. Lyon against the United States Fidelity & Guaranty Company. Judgment for plaintiff. Defendant appeals from it and an order denying it a new trial. The bond provided for in section 6701, Revised Codes, is merely to indemnify the defendant for damages sustained during the time a receiver has possession, whose appointment was procured wrongfully, maliciously or without sufficient cause, and defendant is entitled to such damages only when he has by proper motion and showing in the court appointing a receiver…
1Opinion of the Court
MR. JUSTICE ‘SANNER
delivered the opinion of the court.
Action on a bond arising out of the following circumstances: One Perrine brought suit in the district court of Deer Lodge county against J. W. Lyon, the respondent on this appeal, alleging the existence of a copartnership between himself and Lyon in the business of contract grading and roadwork, and in the ownership of twenty-three head of horses and certain grading equipment, all of the value of $4,000; alleging that Lyon had applied all the receipts and profits of the business to his own use and had refused to account for the same;…
2Cases cited13 opinions
- Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
- Ferguson v. DentU.S. Circuit Court for the District of Western Tennessee · 1891
- Haverly v. ElliottNebraska Supreme Court · 1894
- Lokowich v. City of HelenaMontana Supreme Court · 1913
- Benepe-Owenhouse Co. v. ScheideggerMontana Supreme Court · 1905
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3Cited by19 opinions
- Willis v. WillisWyoming Supreme Court · 1935
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- Huggins v. Green Top Dairy Farms, Inc.Idaho Supreme Court · 1954
- Missoula Light & Water Co. v. HughesMontana Supreme Court · 1938
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
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