Legal Opinion
Talbott v. Heinze
Montana Supreme Court
Decided January 21, 1901No. 1,196PublishedCited by 5 opinions
Appeal from District Court, Silver Bow County; John Lindsay, Judge. Action by James A. Talbott against E. Augustus Heinze, as administrator of the estate of James Larkin, deceased. Erom a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtJustice Pigott
The subject of this, action, as alleged in the complaint, is a supposed .contract, or promissory note payable upon condition, of which the following is a copy:
“Butte City, Montana, October 1st, 1891.
“Eor value received, I promise to pay to Robert C. Burton the sum of five thousand dollars upon sale of the Snohomish or Tramway mines, said mines being in Summit Valley mining district, Silver Bow county, Montana, and under bond to said Robert C. Burton. “James Larkin,
“James A. Cummings,
“Witness.”
The plaintiff, as assignee of the note, sued to recover the amount thereof, the complaint stating…
2Cited by5 opinions
- United States National Bank v. ChappellMontana Supreme Court · 1924
- Lyon v. Dailey Copper M. & S. Co.Montana Supreme Court · 1912
- Myrick v. PurcellSupreme Court of Minnesota · 1905
- Smith v. HoffmanMontana Supreme Court · 1919
- Purcell v. GibbsMontana Supreme Court · 1958