Legal Opinion

First National Bank v. Carroll

Montana Supreme Court

Decided February 26, 1907No. 2,374PublishedCited by 15 opinions

Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by the First National Bank of Portland against Eugene Carroll. From a judgment for plaintiff and from an order denying him a new trial, defendant appeals. Loss of profits—speculative and remote—and contingent damages, cannot be considered in estimating the recovery to which the defendant would be entitled. (Hunt v. Oregon Pac. By.

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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by the First National Bank of Portland against Eugene Carroll. From a judgment for plaintiff and from an order denying him a new trial, defendant appeals. Loss of profits—speculative and remote—and contingent damages, cannot be considered in estimating the recovery to which the defendant would be entitled. (Hunt v. Oregon Pac. By. Co., 36 Fed. 481, 13 Saw. 516, 1 L. R. A. 842; New York & C. M. 8. Co. v. Fraser, 130 U. S. 611, 9 Sup. Ct. 665, 32 L. Ed. 1031; Howard v. Stillwell Mfg. Co., 139 U. S. 199, 11 Sup. Ct.…

1Opinion of the CourtJustice Holloway

This action was commenced by the First National Bank of Portland, Oregon, as assignee of the Wolff & Zwieker Iron Works, a corporation, to recover from Eugene Carroll the sum of $22,342.10 as balance due for material furnished under certain contracts. The complaint, as amended, sets forth the fact of the execution of three contracts by.Wolff & Zwieker Iron Works and Carroll, as follows:

Contract “A” was executed April 20, 1899, and provided that the Wolff & Zwieker Iron Works should furnish to Carroll' eighteen thousand eight hundred and eighty feet of water pipe and should properly lay the…

2Cases cited2 opinions

  1. Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
  2. Tague v. John Caplice Co.Montana Supreme Court · 1903

3Cited by15 opinions

  1. State v. SouhradaMontana Supreme Court · 1949
  2. Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  3. Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
  4. Surman v. CruseMontana Supreme Court · 1920
  5. Herzig v. SandbergMontana Supreme Court · 1918

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