Legal Opinion

Ferrell v. Evans

Montana Supreme Court

Decided July 15, 1901No. 1,330PublishedCited by 5 opinions

Appeal from District Court, Missoula County; Frank II. Woody, Jlodge. Action by Van R. Ferrell against L M. Evans and others. From a judgment for defendants and an order denying a new trial, -plaintiff appeals. Statement oe tile Case.

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Appeal from District Court, Missoula County; Frank II. Woody, Jlodge. Action by Van R. Ferrell against L M. Evans and others. From a judgment for defendants and an order denying a new trial, -plaintiff appeals. Statement oe tile Case. The plaintiff brought this action against the defendants, as trustees of the Missoula Building & Loan Association, a corporation, to obtain a judgment requiring them to cancel upon the records of Missoula county as fully paid three several mortgages executed to the corporation by one Cain B. Mahoney, plaintiff’s grantor. Judgment is also demanded for a.balance…

1Opinion of the CourtChief Justice Brantly

Many errors are alleged as grounds for a reversal of the action of the district court, but of these we shall notice only three.

1. In the directions given to the referee touching the credits to be allowed plaintiff in ascertaining the balance due, no' account was taken of the sum of $30 paid as interest and dues for June, July and August on the four shares of Series D. This amount, with interest from the date of payment, should have been allowed as a credit.

2. Plaintiff insists that he should have been allowed as •credits upon his loans the whole amount of the premiums paid by him as of the…

2Cases cited2 opinions

  1. Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
  2. Towle v. American Bldg., Loan & Inv. Soc.District Court, N.D. Illinois · 1894

3Cited by5 opinions

  1. Clark v. WilliardSupreme Court of the United States · 1934
  2. Mieyr v. Federal Surety Co.Montana Supreme Court · 1934
  3. Merges v. AltenbrandMontana Supreme Court · 1912
  4. Fitzpatrick v. StevensonMontana Supreme Court · 1937
  5. Henriod v. East Tintic Development Co.Utah Supreme Court · 1918

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