Fitzpatrick v. O'Neill
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by J. B. Fitzpatrick against Frank D. O’Neill, J. J. Flanigan, and tbe Open Bange Sheep Company. Plaintiff had judgment. Defendants appeal from the judgment and an order denying their motion for a new trial. A corporation is not liable to promoters for their services in creating it.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by J. B. Fitzpatrick against Frank D. O’Neill, J. J. Flanigan, and tbe Open Bange Sheep Company. Plaintiff had judgment. Defendants appeal from the judgment and an order denying their motion for a new trial. A corporation is not liable to promoters for their services in creating it. “A promoter, though he purport to act on behalf of the projected corporation and not for himself, cannot be treated as agent because the nominal principal is not then in existence; and hence when there is nothing more than a contract…
1Opinion of the CourtJustice Smith
This action was begun in Silver Bow county to compel the defendants O’Neill and Flanigan, who are president and secretary, respectively, of the defendant corporation Open Eange Sheep Company, to transfer to the plaintiff on the boobs of the company, twenty-three shares of its capital- stock theretofore standing in the name of C. B. McCarthy, and to issue to plaintiff a certificate of stock in his own name for said number of shares. The district court found generally in favor of the plaintiff and entered a judgment as prayed for. The cause was tried without ■the assistance of a jury.…
2Cases cited6 opinions
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1886
- Western Screw & Manufacturing Co. v. CousleyIllinois Supreme Court · 1874
- Barker v. Montana Gold, Silver, Platinum & Tellurium Mining Co.Montana Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kirkup v. Anaconda Amusement Co.Montana Supreme Court · 1921
- Bryan v. Northwest Beverages, Inc.North Dakota Supreme Court · 1939