Legal Opinion

Haskins v. Curran

Idaho Supreme Court

Decided December 26, 1895PublishedCited by 4 opinions

APPEAL from District Court, Shoshone County. “A mining partnership exists when, two or more persons, who own or acquire a mining claim, for the purpose of working it and extracting the mineral therefrom actually engage in working the same.” (Rev. Stats., sec. 3300.) “It is not necessary that all the co-owners in a mining claim shall engage in working a mine, together or separately. The partnership exists without any agreement, either express or implied.”

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APPEAL from District Court, Shoshone County. “A mining partnership exists when, two or more persons, who own or acquire a mining claim, for the purpose of working it and extracting the mineral therefrom actually engage in working the same.” (Rev. Stats., sec. 3300.) “It is not necessary that all the co-owners in a mining claim shall engage in working a mine, together or separately. The partnership exists without any agreement, either express or implied.” (Hawkins v. Spokane Hydaulic etc. Co., 3 Idaho, 241, 28 Pac. 433.) Nor is any express agreement to share in the profits and losses necessary…

1Opinion of the Court

Appellants assign sixty-seven errors, and demand a reversal of both the order denying a new trial and the judgment, and a dismissal of the action.

Appellants open the argument in their brief with the proposition that because the bond which appellant Curran had on the mines did not, in terms, require him to work them, the plaintiff cannot recover for money advanced for that purpose; that the contract sued on only required Haskins to advance money to carry out the obligations of Curran and Hussey with the owners of said mines, and indorsed on the deed or envelopes which contained them, and…

2Cases cited5 opinions

  1. Sprout v. CrowleyWisconsin Supreme Court · 1872
  2. Ross v. CornellCalifornia Supreme Court · 1872
  3. McDonald v. HolmesOregon Supreme Court · 1892
  4. Crossley v. TaylorIndiana Supreme Court · 1882
  5. Gauger v. PautzWisconsin Supreme Court · 1878

3Cited by4 opinions

  1. Olson v. Quality-Pak CompanyIdaho Supreme Court · 1970
  2. Bentley v. BrossardUtah Supreme Court · 1908
  3. L. H. Heiselt, Inc. v. BrownSupreme Court of Colorado · 1941
  4. Mays v. DavisIdaho Supreme Court · 1998

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