Montana Coal & Iron Co. v. Hoskins
Oregon Supreme Court
From Lane: John S. Coke, Judge. Department 2. This is an action by the Montana Coal & Iron Company against Omar Hoskins and Maggie, his wife, to recover money. The complaint alleges in effect: (1) That the plaintiff is a Montana corporation. (2) That James A. Walsh is a duly licensed attorney of that state.
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From Lane: John S. Coke, Judge. Department 2. This is an action by the Montana Coal & Iron Company against Omar Hoskins and Maggie, his wife, to recover money. The complaint alleges in effect: (1) That the plaintiff is a Montana corporation. (2) That James A. Walsh is a duly licensed attorney of that state. (3) That about September 1,1907, he commenced in the District Court of Carbon County, Montana, a suit' for Mr. Hoskins against the Montana Coal & Iron Company, and others, to set aside 16,478 shares of its capital stock on the ground that it had been issued without consideration, to cancel…
1Opinion of the CourtMoobe, J.
1. It is contended by defendants’ counsel that the complaint herein does not state facts sufficient to constitute a cause of action against Mrs. Hoskins, in that it fails to show any primary liability on her part from which an implied indemnity in favor of the plaintiff in this action could arise, and this being so an error was committed in overruling the demurrer, which she interposed. It is argued that the 444 shares of capital stock upon which Walsh claimed a lien never belonged to Mrs. Hos-kins; that any sum of money that she might have owed him on account of attorney’s fees could not…
2Cases cited9 opinions
- Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913
- Davis v. SmithSupreme Judicial Court of Maine · 1887
- Lockhart v. FerreyOregon Supreme Court · 1911
- Carroll v. NodineOregon Supreme Court · 1902
- Walsh v. HoskinsMontana Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- Klarr v. HeckartOregon Supreme Court · 1959