Murray v. Butte-Monitor Tunnel Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Suit by James A. Murray against tbe Butte-Monitor Tunnel Mining Company and others. Judgment for defendants, and plaintiff appeals. Where, in- a case of -this character, inadequacy of consideration -and mental weakness are found, the court will presume either imposition or undue influence, and unless the bona-fides of the transaction are fully shown, the alleged sale will be set aside.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Suit by James A. Murray against tbe Butte-Monitor Tunnel Mining Company and others. Judgment for defendants, and plaintiff appeals. Where, in- a case of -this character, inadequacy of consideration -and mental weakness are found, the court will presume either imposition or undue influence, and unless the bona-fides of the transaction are fully shown, the alleged sale will be set aside. (Allore v. Jewell, 94 TJ. S. 506, 24 L. Ed. 260; Aslvmead v. Reynolds, 134 Ind. 139, 39 Am. St. Rep. 238, 33 N. E. 763; Clark y. Lopez,…
1Opinion of the CourtJustice Holloway
Prior to the time of the transaction out of which this suit arose, William S. Switzer was indebted to G. W. and Guy Stapleton in the sum of $10,380, and, to secure such indebtedness, had delivered to the Stapletons in pledge certificates representing 1,500,000 shares of the capital stock of the Butte-Monitor Tunnel Company. The indebtedness having become due, the Stapletons brought an action to enforce payment and to foreclose their lien upon the stock. The action had gone to judgment, in favor of the Stapletons, for $17,969.27, including interest and costs, and the sheriff was about to sell…
2Cases cited15 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Finlen v. HeinzeMontana Supreme Court · 1905
- Gassert v. BogkMontana Supreme Court · 1888
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3Cited by23 opinions
- Merryweather v. PendletonArizona Supreme Court · 1962
- Winslow v. DundomMontana Supreme Court · 1912
- Cary Co. v. Whiting HyerSupreme Court of Florida · 1926
- Gray v. GrantMontana Supreme Court · 1922
- Nolan v. BenninghoffMontana Supreme Court · 1922
18 more not listed; retrieve them via the Exa API.