Creighton v. Vanderlip
Montana Supreme Court
Appeal from the First District, Madison County. This case was tried by a jury, in November, 1870, and a verdict rendered for defendants. Tbe court, Warren, J., overruled the motion for a new trial, and Creighton appealed. Tbe facts appear in tbe opinion. Tbe agreement betwen appellants and respondents, Thomas and McBoberts, is not a defense in this action.
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Appeal from the First District, Madison County. This case was tried by a jury, in November, 1870, and a verdict rendered for defendants. Tbe court, Warren, J., overruled the motion for a new trial, and Creighton appealed. Tbe facts appear in tbe opinion. Tbe agreement betwen appellants and respondents, Thomas and McBoberts, is not a defense in this action. If there has been a breach of tbe agreement a suit would lie. 2 Pars, on Notes & Bills, 530, 531, 536, 538; Dow v. Tuttle, 4 Mass. 414 ; Shed v. Fierce, 17 id. 627; Central Bank v. Willard, 17 Pick. 153; Allen v. Kimball, 23 id. 473 ;…
1Opinion of the CourtWade, C. J.
This case comes into this court upon appeal from an order in. the court below, overruling a motion for a new trial.
The complaint is founded upon a written instrument, of which the following is a copy:
“ Virginia City, M. T., Hov. 5, 1867.
“Six months after date we, or either of us, promise to pay to Norval Harrison and Columbus Hampton, or order, two hundred and twenty-two ounces four and one-half pennyweights of clean gulch gold dust, or its value, with interest at the rate of five per cent per month until paid.
“F. D. VANDERLIP,
“W. H. THOMAS,
“JOHN McROBERTS.”
The complaint avers, that for a…
2Cases cited1 opinion
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- National Life Ins. Co. v. HaleSupreme Court of Oklahoma · 1916
- Fisher v. BriscoeMontana Supreme Court · 1890
- BARNARD v. McINERNEYMontana Supreme Court · 1973