Smith v. State
Nevada Supreme Court
Appeal from First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by A. E. Smith and others against the State of Nevada to recover a reward offered by the Governor for the apprehension of certain alleged murderers. From a judgment for plaintiffs, defendant appeals. It is essential to the recovery of a reward that the party claiming it knew of and acted upon the offer before he performed the service on which he basés his claim.
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Appeal from First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by A. E. Smith and others against the State of Nevada to recover a reward offered by the Governor for the apprehension of certain alleged murderers. From a judgment for plaintiffs, defendant appeals. It is essential to the recovery of a reward that the party claiming it knew of and acted upon the offer before he performed the service on which he basés his claim. There is no mutual assent or agreement unless such knowledge exists. (1 Story on Contracts, sec. 498; Smith v. Vernon County, 188 Mo. 501;…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an action to recover the amount of a reward offered by the governor under the provisions of an act of the legislature reading:
*479"An act authorizing the governor to offer a reward for the arrest and conviction of the person or persons guilty of the. murder of Harry Cambrón and three associates in Washoe County.
Approved February 17,1911.
" Section 1. That the governor is hereby authorized to offer a reward of one thousand dollars in each instance, and not exceeding five thousand dollars in all, for the arrest and conviction of the person or persons guilty of…
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