St. John v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Court, Rosebud County; A. C. Spencer, Judge. „ Action by O. C. St. John against tbe United States Fidelity & Guaranty Company. From a judgment for plaintiff and an order overruling its motion for new trial, defendant appeals. Where the amount of damages is made an issue by tbe pleadings, the amount of damages recoverable must be submitted to the jury. (Chicago, A. & N. By. Co. v. Whitney, 143 Iowa, 506, 121 N. W. 1043; Lederer v. Morrow, 132 Mo.
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Appeal from District Court, Rosebud County; A. C. Spencer, Judge. „ Action by O. C. St. John against tbe United States Fidelity & Guaranty Company. From a judgment for plaintiff and an order overruling its motion for new trial, defendant appeals. Where the amount of damages is made an issue by tbe pleadings, the amount of damages recoverable must be submitted to the jury. (Chicago, A. & N. By. Co. v. Whitney, 143 Iowa, 506, 121 N. W. 1043; Lederer v. Morrow, 132 Mo. App. 438, 111 S. W. 902; Salinger v. Western Union Tel. Co., 147 Iowa, 484, 126 N. W. 362, 363; Woodin v. Durfee, 46 Mieh. 424,…
1Opinion of the CourtJustice Cooper
The plaintiff, C. C. St. John, and one C. M. Taintor were engaged in the business of stock-raising in the county of Rosebud in this state. A dispute arose involving the conduct of the business and the accounts between them. At the instance of Taintor, upon a claim of indebtedness due from the plaintiff to Taintor, writs of attachment were levied against the interests of plaintiff, and upon their discharge suit was instituted by the plaintiff against the defendant, as surety on the bond given by Taintor to secure the attachment. Judgment was obtained in the sum of $931.92, and the ease is now…
2Cases cited6 opinions
- Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- Bean v. Missoula Lumber Co.Montana Supreme Court · 1909
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Moore v. EllisWisconsin Supreme Court · 1894
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3Cited by5 opinions
- Silfvast v. AsplundMontana Supreme Court · 1935
- State v. LeeMontana Supreme Court · 1936
- Reser v. ZiebarthMontana Supreme Court · 1921
- Gordon v. Kentucky Midland Coal Co.Tennessee Supreme Court · 1925
- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1924