McDermott v. American Bonding Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow County; J. B. Mo Ciernan, Judge. Actions by Peter T. McDermott and wife against tbe American Bonding Company of Baltimore. From the judgment rendered, both parties appeal. The case of Parker v. Bond, 5 Mont. 1, 1 Pac. 209, which was an action on an injunction bond, is in point here. In the case in which the injunction bond had been given, a dissolution of the temporary injunction was procured before the trial of the case on the merits.
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Appeal from, District Court, Silver Bow County; J. B. Mo Ciernan, Judge. Actions by Peter T. McDermott and wife against tbe American Bonding Company of Baltimore. From the judgment rendered, both parties appeal. The case of Parker v. Bond, 5 Mont. 1, 1 Pac. 209, which was an action on an injunction bond, is in point here. In the case in which the injunction bond had been given, a dissolution of the temporary injunction was procured before the trial of the case on the merits. In the action on the injunction bond one' of the items of damage claimed was attorney’s fees, but no attempt was made…
1Opinion of the CourtJustice Holloway
In 1907, John H. O’Meara and John Kerrigan commenced an action in the district court of Silver Bow county against Peter T. McDermott and Annie C. McDermott, his wife, for an accounting and an injunction pending the determination of the suit. The plaintiffs alleged that they were copartners with Peter T. McDermott in the sale of the Burke and Balaklava mining claims; that the copartners had secured from the owner of the claims the right to sell them for a price which would net the owner $275,000; that any excess over that amount should belong to them as commission for making the sale; that…
2Cases cited15 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Curtiss v. BachmanCalifornia Supreme Court · 1895
- Creek v. McManusMontana Supreme Court · 1893
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
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3Cited by11 opinions
- Sheridan County Electric Co-Op., Inc. v. FergusonMontana Supreme Court · 1951
- Labbitt v. BunstonMontana Supreme Court · 1927
- Boz-Lew Builders v. SmithMontana Supreme Court · 1977
- Hatch v. National Surety Corp.Montana Supreme Court · 1937
- State Ex Rel. Public Service Commission v. District CourtMontana Supreme Court · 1936
6 more not listed; retrieve them via the Exa API.