Eisenberg v. Goldsmith
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Maurice Eisenberg against A. W. Goldsmith, executor of the last will and testament of H. L. Frank, deceased, to have defendant declared a trustee of an undivided one-eighth interest in certain mining property, in favor of plaintiff and for an accounting. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Maurice Eisenberg against A. W. Goldsmith, executor of the last will and testament of H. L. Frank, deceased, to have defendant declared a trustee of an undivided one-eighth interest in certain mining property, in favor of plaintiff and for an accounting. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. It is claimed by respondent, first, that there is a constructive trust, and second, that there is a resulting trust. The claim of a constructive trust is based upon the…
1Opinion of the CourtJustice Holloway
On October 31, 1899, H. L. Frank obtained a lease and bond for one year from James A. Murray and John C. Carroll upon the East Gem quartz lode mining claim, in Silver Bow county. Under the terms of the lease, Frank was let into possession of the property and permitted to carry on mining operations upon the payment of a royalty of twenty-five per cent of the value of the ores extracted. Under the terms of the bond, Frank was given an option to purchase the property at any time during the year upon the payment, of $50,000, one-half to Murray and one-half to Carroll. Frank took possession of the…
2Cases cited21 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Millard v. HathawayCalifornia Supreme Court · 1865
- Bissell v. FossSupreme Court of the United States · 1885
- Kayser v. MaughamSupreme Court of Colorado · 1885
- Settembre v. PutnamCalifornia Supreme Court · 1866
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3Cited by17 opinions
- Marcellus v. WrightMontana Supreme Court · 1916
- Humbird v. ArnetMontana Supreme Court · 1935
- Reid v. KeatorIdaho Supreme Court · 1934
- McLaughlin v. CorcoranMontana Supreme Court · 1937
- Bradbury v. NagelhusMontana Supreme Court · 1957
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