Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by the Plymouth Gold Mining Company against the United States Fidelity and Guaranty Company of Maryland. From a judgment in favor of defendant, and from an order denying defendant’s motion for a new trial, it appeals. It is held by the great weight of authority that the attorney’s fees to procure the dissolution of an attachment is a proper element of damages.
Read the full summary
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by the Plymouth Gold Mining Company against the United States Fidelity and Guaranty Company of Maryland. From a judgment in favor of defendant, and from an order denying defendant’s motion for a new trial, it appeals. It is held by the great weight of authority that the attorney’s fees to procure the dissolution of an attachment is a proper element of damages. (Tyng v. American Surety Co., 174 N. T. 166, 66 N. E. 668; Gregory Grocery Co. v. Beaton, 10 Kan. App. 256, 62 Pac. 732; Bank v. Mayer, 96 Ga. 728, 24 S.…
1Opinion of the CourtChief Justice Beantly
Action against the appellant to recover damages against it as surety upon an undertaking on attachment, issued in an action wherein James Porter and George Swan were plaintiffs and the Plymouth Gold Mining Company, the respondent herein, was defendant, and also upon an undertaking on supersedeas, executed and filed in the same case on appeal by Porter and Swan to this court, to keep the attachment in force pending the appeal. The case of Porter and Swan v. Plymouth Gold Mining Company was brought in 1901 to recover a judgment for $2,000, with interest thereon, alleged to be due upon a…
2Cases cited22 opinions
- Trawick v. Martin Brown Co.Texas Supreme Court · 1890
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Creek v. McManusMontana Supreme Court · 1893
- Elder v. KutnerCalifornia Supreme Court · 1893
- Higgins v. MansfieldSupreme Court of Alabama · 1878
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
- Federal Surety Co. v. Basin Construction Co.Montana Supreme Court · 1931
- State ex rel. Petcoff v. ReedSupreme Court of Minnesota · 1917
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Paramount Publix Corp. v. BoucherMontana Supreme Court · 1933
13 more not listed; retrieve them via the Exa API.