Sutro Tunnel Co. v. Segregated Belcher Mining Co.
Nevada Supreme Court
Appeal from the District Court of tbe First Judicial District, Storey County. The facts are stated in the opinion. I. If respondent ever had any cause of action against appellant, the same is barred. (Stat. 1861, 26, 40; 1867, 85.) II. Respondent was bound to arbitrate, or to seek to arbitrate, before bringing suit. (Contract, article 15; 1 Comp. L. 1426; President v. Penn. C. Co., 50 N. Y. 250; Holmes v. Richet, 56 Cal. 307j1 Old Saucelito L.&D. Co.v. Commercial U.A.
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Appeal from the District Court of tbe First Judicial District, Storey County. The facts are stated in the opinion. I. If respondent ever had any cause of action against appellant, the same is barred. (Stat. 1861, 26, 40; 1867, 85.) II. Respondent was bound to arbitrate, or to seek to arbitrate, before bringing suit. (Contract, article 15; 1 Comp. L. 1426; President v. Penn. C. Co., 50 N. Y. 250; Holmes v. Richet, 56 Cal. 307j1 Old Saucelito L.&D. Co.v. Commercial U.A. Co., 66 Cal. 253.) III. The contract of 1879 is so; inextricably mixed with the agreement of March, 1866, that it cannot stand…
1Opinion of the Court
By the Court,
Hawley, J.:
On the twenty-sixth day of March, 1866, an agreement was entered into between the trustees of the Sutro Tunnel Company, an association then existing under the laws of this state, it being the predecessor in interest of the present corporation, respondent herein, and the Gould & Curry Silver Mining Company, then a mining corporation, with reference to the construction of the Sutro tunnel, under the act of the legislature of this state, approved February 4,1865 (Stat. 1864-65, 128), and the royalty to be paid by the mining corporation for the extraction of ore after the…
2Cases cited8 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Goddard v. FosterSupreme Court of the United States · 1873
- Old Saucelito Land & Dry Dock Co. v. Commercial Union Assurance Co.California Supreme Court · 1884
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Callaway Mining & Manufacturing Co. v. ClarkSupreme Court of Missouri · 1862
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- Nevada-Douglas Consolidated Copper Co. v. BerryhillNevada Supreme Court · 1938
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