Oppenheimer v. First National Bank
Montana Supreme Court
Appeal from District Court, Silver Bow county. W'dliam O. Speer, Judge. Action by J. E. Oppenheimer against the First National Bank of Butte. From a judgment for plaintiff, and an order denying its motion for new trial, defendant appeals. Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from District Court, Silver Bow county. W'dliam O. Speer, Judge. Action by J. E. Oppenheimer against the First National Bank of Butte. From a judgment for plaintiff, and an order denying its motion for new trial, defendant appeals. Statement of the case by the justice delivering the opinion. Freyschlag, Huffman & Co., a mercantile corporation doing business at PMlipsburg, Montana, was on the verge of insolvency, and at the time indebted in a large amount to the banking co-partnership of Hyde, Freyschlag & Co., of the same town. On September 27, 1893, a member of the last-mentioned firm…
1Opinion of the CourtBuck, J.
There is no dispute in the evidence as to the facts contained in the statement.
The appellant maintains that there was no attempt to assign the bank account through the instrumentality of the telegram; that it was only a notice of what was done, and that the agreement, and what was done at the time of sending the telegram or immediately subsequent thereto, constituted an equitable assignment by the mercantile corporation of the moneys to its credit in the Butte bank.
The respondent, on the other hand, contends that, if there was any assignment, it must depend on the telegram alone, and that,…
2Cases cited3 opinions
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Coates v. . First National B'k of EmporiaNew York Court of Appeals · 1883
3Cited by9 opinions
- Donohoe-Kelly Banking Co. v. Southern Pacific Co.California Supreme Court · 1902
- Stauffacher v. Great Falls Public Service Co.Montana Supreme Court · 1935
- Short v. KarnopMontana Supreme Court · 1929
- Yank v. BordeauxMontana Supreme Court · 1899
- Osborne v. McDonaldMontana Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.