Osmers v. Furey
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Dora Osmers against James B. Durey, J. H. Steele and others. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial.
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Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Dora Osmers against James B. Durey, J. H. Steele and others. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. Statement oe the Case by the Justice Delivering the Opinion : Action in claim and delivery to recover the possession of certain lodging-house furniture alleged to have been wrongfully taken from the plaintiff, and of the value, as averred, of $2,000, and for damages in the sum of $500, for that by the wrongful taking the plaintiff’s business was destroyed, and she…
1Opinion of the CourtChief Justice Brantly
1. It will be observed that under the terms of the lease no-lien was granted to secure the payment of any moneys which the lessor might be compelled to advance in order to put the property in repair either during or after the expiration of the term. The lessor was authorized to re-enter and forfeit the lease if the plaintiff failed to pay any installment of rent according to its terms, or to make or pay for any necessary repairs; but there is no stipulation in the clause quoted, providing for a lien, that plaintiff’s furniture should be seized and sold to reimburse the lessor for any outlay…
2Cases cited17 opinions
- Jones v. . MorganNew York Court of Appeals · 1882
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Angell v. HopkinsCalifornia Supreme Court · 1889
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1901
- Holland v. HustonMontana Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Beard v. HerndonSupreme Court of Oklahoma · 1921
- Friedrichsen v. CobbMontana Supreme Court · 1929
- Alexander v. StateMontana Supreme Court · 1963
- Gross v. LincolnSupreme Court of Oklahoma · 1921
- Blaustein v. PincusMontana Supreme Court · 1913
19 more not listed; retrieve them via the Exa API.