Ney v. Orr
Montana Supreme Court
Appeal from. Third District, Meagher Oounty. The case was tried by Wade, J., with a jury. The court erred in excluding tbe evidence offered by appellant. No bond, showing on its face,' or that is proved to have been signed by some parties on condition that others were to sign it before it should be used or delivered, is legal or binding on those signing conditionally.
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Appeal from. Third District, Meagher Oounty. The case was tried by Wade, J., with a jury. The court erred in excluding tbe evidence offered by appellant. No bond, showing on its face,' or that is proved to have been signed by some parties on condition that others were to sign it before it should be used or delivered, is legal or binding on those signing conditionally. If the bond is in such a condition that a party cannot know from its appearance that it is incomplete, a principal may take advantage of an innocent party. Nash v. Fugate, 18 Am. Rep. 640. (24 Gratt. 202); Wood v. Washburn, 2…
1Opinion of the Court
"Wade, 0. J.
This action originated in that of respondent against Kay in the probate court of Meagher county. The respondent obtained a judgment and Kay appealed to the district court, where the respondent again recovered a judgment. To procure and perfect this appeal Kay caused to be executed a certain bond signed by the appellants as sureties, on which the respondent instituted this action and recovered a judgment against the sureties, who bring this appeal therefrom. The bond is in the following form:
“ Know all men by these presents that we, Henry Kay, as principal, and Sample Orr and David…
2Cases cited10 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Johnson v. Erskine ex rel. HangerTexas Supreme Court · 1852
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
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3Cited by9 opinions
- King v. Pony Gold Mining Co.Montana Supreme Court · 1900
- Russell v. Chicago, Burlington & Quincy Ry. Co.Montana Supreme Court · 1908
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- Woodman v. CalkinsMontana Supreme Court · 1893
- Birmingham News Co. v. MoseleySupreme Court of Alabama · 1932
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