Silver v. Eakins
Montana Supreme Court
Appeal from District Court, Silver Bow County in the Second Judicial District; B. Lee Word, a Judge of the First District, presiding. Action by J. R. Silver against Mary A. Ealdns, as executrix of tbe last will and testament of John Eabins, deceased. From a judgment for .plaintiff and an order denying new trial, defendant appeals.
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Appeal from District Court, Silver Bow County in the Second Judicial District; B. Lee Word, a Judge of the First District, presiding. Action by J. R. Silver against Mary A. Ealdns, as executrix of tbe last will and testament of John Eabins, deceased. From a judgment for .plaintiff and an order denying new trial, defendant appeals. The authorities cited below covering tortious acts of the executor or administrator, including negligence, trespass, taking, withholding and converting money, property or effects, or applying property of others to the uses of the estate, as well as contracts,…
1Opinion of the CourtJustice Holloway
M. J. Me Cune secured a contract to erect a warehouse for the Butte Wholesale Grocery Company, and also a contract for some work for the Colusa-Parrot Company. In each instance he gave a 'bond for the faithful performance of his contract, with plaintiff and John Eakins as sureties. Before either contract was fully executed, McCune notified Eakins & Silver that he was unable to complete the work, and directed them to take over the contracts, complete the work, collect the balance due, and pay the bills. Within two or three days thereafter Mc-Cune died. Eakins & Silver agreed between themselves…
2Cases cited11 opinions
- State Savings Bank v. AlbertsonMontana Supreme Court · 1909
- Croft v. BainMontana Supreme Court · 1914
- Meredith v. RomanMontana Supreme Court · 1914
- Blaker v. SandsSupreme Court of Kansas · 1883
- Marron v. Great Northern Railway Co.Montana Supreme Court · 1913
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3Cited by20 opinions
- Shotkin v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Tenth Circuit · 1948
- State v. CassillMontana Supreme Court · 1924
- Mares v. MaresMontana Supreme Court · 1921
- Simons v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- State Board of Equalization v. FallMontana Supreme Court · 1948
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