O'Meara v. McDermott
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by John H. O’Meara against Peter T. McDermott. Judgment for plaintiff, and defendant appeals. The condition of the note required payments to be made as provided for in the lease and bond, and unless the payments were so made, the note was to be null and void. The respondent not only failed to show a compliance with these essential conditions, but he affirmatively shows a noncompliance with them.
Read the full summary
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by John H. O’Meara against Peter T. McDermott. Judgment for plaintiff, and defendant appeals. The condition of the note required payments to be made as provided for in the lease and bond, and unless the payments were so made, the note was to be null and void. The respondent not only failed to show a compliance with these essential conditions, but he affirmatively shows a noncompliance with them. In the presentation of proof, he failed in every particular to sustain the allegations of the complaint, and, on the…
1Opinion of the CourtJustice Smith
This case originated in Silver Bow county, and involves appeals from a judgment in favor of the plaintiff for the sum of $12,000, and an order of the district court denying defendant’s motion for a new trial. The cause was tried to the court sitting with a jury, and the verdict was for the sum just mentioned.
The complaint sets forth three separate causes of action. The first is founded upon the following written instrument:
“Butte, Mont., March 27, 1907.
“For value received, I, the undersigned, promise to pay John O’Meara or his heirs the sum of twelve thousand ($12,000) dollars, under the…
2Cases cited5 opinions
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Meyendorf v. FrohnerMontana Supreme Court · 1879
- Parrott v. DyerSupreme Court of Georgia · 1898
- Donnell v. ReeseCourt of Appeals of Kansas · 1897
- Ford v. MayoCourt of Appeals of Kentucky · 1891
3Cited by7 opinions
- Damm v. DammMontana Supreme Court · 1928
- Hicks v. Stillwater CountyMontana Supreme Court · 1929
- In Re Anderson's EstateMontana Supreme Court · 1948
- Arnold v. GenzbergerMontana Supreme Court · 1934
- Rairden v. HedrickMontana Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.