Cole Manufacturing Co. v. Morton
Montana Supreme Court
Appeal from District Court, Missoula cou/nty; F. II. Woody, Judge. Action by the Cole Manufacturing Company against Charles Morton and others. From a judgment for defendants, plaintiff appeals. Statement oe the Case. The plaintiff and appellant brought this action against the defendants and respondents upon a written undertaking.
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Appeal from District Court, Missoula cou/nty; F. II. Woody, Judge. Action by the Cole Manufacturing Company against Charles Morton and others. From a judgment for defendants, plaintiff appeals. Statement oe the Case. The plaintiff and appellant brought this action against the defendants and respondents upon a written undertaking. Plaintiff alleges that in the spring of 1895 it entered into an agreement with the defendant Morton to the effect that Morton was to be the sole agent of the plaintiff in Missoula county, Montana, for selling goods manufactured by the plaintiff, and that said Morton…
1Opinion of the CourtJustice Hunt
By the execution of the obligation sued on, Somerville and Tietjen agreed to become liable to the Cole Manufacturing Company to an extent not to exceed §200 if Morton did not act faithfully in the performance of his duties as agent of the plaintiff corporation, and if he failed to account for any and all moneys received by him on account of sales, less his commissions. This contract became one of suretyship — a direct liability was incurred to the Cole Manufacturing Company for the acts to be performed by Morton. The purpose of their suretyship was to secure to Morton certain benefits of the…
2Cases cited11 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Nading v. McGregorIndiana Supreme Court · 1890
- Burns v. Singer Manufacturing Co.Indiana Supreme Court · 1882
- Heppe v. JohnsonCalifornia Supreme Court · 1887
- Cockrill v. DavieMontana Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Emerson-Brantingham Implement Co. v. RaugstadMontana Supreme Court · 1922
- Morgen & Oswood Construction Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1975
- State v. American Surety Co. of New YorkMontana Supreme Court · 1927
- Mulany v. MurrayMontana Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.