Motherwell v. Taylor
Idaho Supreme Court
APPEAL from District Court, Alturas County. Defendant claims that when he made the purchase the Snow Ely was of no value, and the Davitt of small value; this only goes to the extent, and not to the fact and quality, of the fraud.Here, also, his acts refute his word, for soon afterward he bought and paid $1,000 for a quarter of the latter without any new developments in either claim.
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APPEAL from District Court, Alturas County. Defendant claims that when he made the purchase the Snow Ely was of no value, and the Davitt of small value; this only goes to the extent, and not to the fact and quality, of the fraud.Here, also, his acts refute his word, for soon afterward he bought and paid $1,000 for a quarter of the latter without any new developments in either claim. Defendant, acting in the fiduciary relations aforesaid, having invested the means of the partnership loaned and advanced by him in the purchase of the interests in both claims, and taken a deed to half the Snow…
1Opinion of the CourtHays, C. J.
This action was brought to declare a partnership and a resulting trust in favor of the plaintiffs in certain mining property. The theory of the plaintiffs was that a mining partnership was entered into between plaintiffs and defendant, Frank Taylor, about the first day of August, 1882; and it is alleged by plaintiffs that at the same time defendant agreed to negotiate for, and if possible buy in, for the partnership, of one Joseph Taylor, a conflicting claim called the “Far West,” in the Davitt mine; that on or about the eighteenth day of August, 1882, the defendant purchased said claim,…
2Cases cited2 opinions
- Snyder v. WolfordSupreme Court of Minnesota · 1885
- Ryan v. DunphyMontana Supreme Court · 1882
3Cited by6 opinions
- Shepherd v. DouganIdaho Supreme Court · 1937
- Pittock v. PittockIdaho Supreme Court · 1908
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- General Motors Acceptance Corp. v. Turner Insurance Agency, Inc.Idaho Supreme Court · 1975
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