Wells, Fargo & Co. v. Clarkson
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. 1. It has been determined that the equities of the appellants are superior to those of respondent.
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Appeal from Third District, Lewis and Clarke County. 1. It has been determined that the equities of the appellants are superior to those of respondent. That is to say, appellants having a claim against Drake, Clark-son & Co., and Clarkson, one of the firm, having a claim against appellants, that the equities of respondent to have its claim set off against Clarkson is superior to the right of respondent McG-regor to enforce an assignment of the Clarkson judgment against appellant. Hence, as said by the court below, the only question left is the power of the court to render the judgment in the…
1Opinion of the CourtCoburn, J.
This is a proceeding in equity by the appellants, Wells, Fargo & Co., who are the owners of a judgment against one of the defendants, Clarkson, rendered in their favor, to have this judgment set off against a judgment rendered in favor of Clarkson against them, and by Clarkson assigned to the defendant McGrregor, who procured an execution thereon and placed the same in the hands of the other defendant, Powers, for collection. The plaintiff seeks, in addition to the judgment of set-off, to have the defendants enjoined from further proceedings on their judgment. The case was tried below by the…
2Cases cited2 opinions
- Kramer v. HolsterMississippi Supreme Court · 1877
- Wells v. ClarksonMontana Supreme Court · 1874
3Cited by4 opinions
- Potter v. LohseMontana Supreme Court · 1904
- Knatz v. WiseMontana Supreme Court · 1895
- Skinker v. SmithMissouri Court of Appeals · 1892
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903