Morris v. Burke
Montana Supreme Court
Appeal from, Eighth Judicial District, Cascade County. Action for the recovery of money. Judgment was rendered for the plaintiff by Benton, J. Statement of the case by the justice delivering the opinion: This action was brought by plaintiff to recover from defendant moneys which he was alleged to have obtained from her by fraudulent representations when acting as her agent.
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Appeal from, Eighth Judicial District, Cascade County. Action for the recovery of money. Judgment was rendered for the plaintiff by Benton, J. Statement of the case by the justice delivering the opinion: This action was brought by plaintiff to recover from defendant moneys which he was alleged to have obtained from her by fraudulent representations when acting as her agent. The court instructed the jury upon the question of agency, and told them, in effect, that if they believed from the evidence that the agency was established, and if they believed-certain other facts named, they should find…
1Opinion of the CourtDe Witt, J.
— We are of opinion, from the examination of the pleadings and evidence and the record, that the court correctly instructed the jury, on the trial of the case, that, according as they were satisfied by the evidence, they should find either for the plaintiff for one hundred dollars or for defendant for his costs.
The question presented is whether the court erred in refusing to receive the first verdict. Our statute provides as follows: “ If the verdict be informal or insufficient in not covering the whole issue or issues submitted, or in any particular, the verdict may be corrected by the jury…
2Cases cited8 opinions
- Hadley v. HeywoodMassachusetts Supreme Judicial Court · 1876
- Cook v. StateSupreme Court of Georgia · 1858
- Coffee v. GrooverSupreme Court of Florida · 1883
- In re ThompsonMontana Supreme Court · 1890
- Adams v. WilloughbyNew York Supreme Court · 1810
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fauver v. WilkoskeMontana Supreme Court · 1949
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
- State v. McCafferyMontana Supreme Court · 1895
- Pumphrey v. Empire Lath and PlasterMontana Supreme Court · 2006
- Frank v. SymonsMontana Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.