Butler v. Peters
Montana Supreme Court
Appeal from District Court, Meagher County; E. E. Goodman, Judge. Action by Walter Butler against A. G-. Peters, in which a writ of attachment was issued. From an order refusing to discharge the attachment, the plaintiff appeals.
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Appeal from District Court, Meagher County; E. E. Goodman, Judge. Action by Walter Butler against A. G-. Peters, in which a writ of attachment was issued. From an order refusing to discharge the attachment, the plaintiff appeals. We contend that this action is one upon an implied contract and is for the direct payment of money, and one in which a writ of attachment can be issued, and while it is an action based upon a statutory liability, it is called so only for the purpose of the remedy, that there is an implied promise on all of the directors of the corporation to pay the corporation’s…
1Opinion of the CourtJustice Holloway
This action was brought to recover the amount oí an indebtedness due to the plaintiff from the White Sulphur Springs Mineral Water Company, a corporation, and liability is sought to be fastened upon the defendant because he was a director of the corporation at the time the indebtedness was incurred and because the annual report required by law had not been filed. A writ of attachment was issued and defendant’s property seized. This appeal is prosecuted from an order of the district court refusing to discharge the attachment.
If the attachment was improperly issued, it should have [1] been…
2Cases cited18 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Daily v. MarshallMontana Supreme Court · 1913
- Gans v. SwitzerMontana Supreme Court · 1890
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3Cited by15 opinions
- Northern Cheyenne Tribe v. Roman Catholic ChurchMontana Supreme Court · 2013
- Continental Supply Co. v. AbellMontana Supreme Court · 1933
- Brown v. ThorntonMontana Supreme Court · 1967
- Continental Oil Co. v. Montana Concrete Co.Montana Supreme Court · 1922
- Home State Bank v. SwartzMontana Supreme Court · 1925
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