Murray v. Hauser
Montana Supreme Court
Appeal from District Court, Lewis and Clarke Coimty; H. N. Blake, Judge. Action by John Murray against S. T. Hauser, impleaded with Howard Oviatt and F. D. Spratt. From a judgment for ■defendant Hauser, plaintiff appeals. Our contention is that the court erred in refusing to submit to the jury a general verdict, as asked for by plaintiff. This is .an action for the recovery of money.
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Appeal from District Court, Lewis and Clarke Coimty; H. N. Blake, Judge. Action by John Murray against S. T. Hauser, impleaded with Howard Oviatt and F. D. Spratt. From a judgment for ■defendant Hauser, plaintiff appeals. Our contention is that the court erred in refusing to submit to the jury a general verdict, as asked for by plaintiff. This is .an action for the recovery of money. The law in force at the time of the trial of this case was as follows: “In an action for the recovery of money only, or specific property, the jury, in their discretion, may render a general or special verdict.…
1Opinion of the CourtPigott, J.
John Murray brought this action against Howard Oviatt, F. D. Spratt and S. T. Hauser, to recover $16,083, besides interest, as damages for breaches of certain contracts entered into on December 19, 1891. Defendant Hauser alone appeared. He is sued as the guarantor of performance by Oviatt of the terms of the contract between Murray and Oviatt with respect to the Murray Placer Mining Company, a corporation, its property, and shares of its capital stock.
The contract of guaranty is as follows; “The said Samuel T. Hauser, for and in the interest of the Murray Mining Company, hereby guarantees the…
2Cases cited10 opinions
- Young v. RosenbaumCalifornia Supreme Court · 1870
- Helena National Bank v. Rocky Mountain Telegraph Co.Montana Supreme Court · 1898
- Baylis v. Travellers' InsuranceSupreme Court of the United States · 1885
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
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3Cited by15 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
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- State v. LewisIndiana Supreme Court · 1981
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
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