Legal Opinion

Canyon Creek Elevator & Milling Co. v. Allison

Montana Supreme Court

Decided May 31, 1917No. 3,738PublishedCited by 2 opinions

Appeal from, District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by tbe Canyon Creek Elevator & Milling Company against W. A. Allison. Judgment for plaintiff, and defendant appeals from it and an order overruling Ms motion for a new trial.

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Appeal from, District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by tbe Canyon Creek Elevator & Milling Company against W. A. Allison. Judgment for plaintiff, and defendant appeals from it and an order overruling Ms motion for a new trial. The more modern doctrine gives the subscriber who has been induced to make his subscription by reason of fraudulent representations of a promoter the same right to rescind that he would have if such fraudulent representations, so inducing the subscription, had been made by an agent of the corporation after its organization, upon the theory…

1Opinion of the CourtChief Justice Brantly

Action by plaintiff corporation to recover of the defendant $100, the par value of one share of its capital stock, upon a subscription contract therefor. The contract is as follows:

“September 18, 1913.
“Whereas, we, the undersigned, desire to secure and establish a flour mill at Yegen, Mont., for the purpose of doing custom and general mill work and the handling of all kinds of grain; and whereas, the Northwestern Mill Construction Company proposes to erect such a plant at Yegen, Mont.: Now, therefore, we, the undersigned, do hereby agree with each other and with the said Northwestern Mill…

2Cases cited7 opinions

  1. Cravens v. Eagle Cotton Mills Co.Indiana Supreme Court · 1889
  2. Morrow v. Iron & Steel Co.Tennessee Supreme Court · 1889
  3. Chase v. Sycamore & Courtland RailroadIllinois Supreme Court · 1865
  4. Martin v. Pensacola & Georgia RailroadSupreme Court of Florida · 1859
  5. Deschamps v. LoiselleMontana Supreme Court · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Coleman Hotel Co. v. CrawfordCourt of Appeals of Texas · 1927
  2. Coleman Hotel Co. v. CrawfordCourt of Appeals of Texas · 1927

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