Hanson Sheep Co. v. Farmers & Traders' State Bank
Montana Supreme Court
. Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by tbe Hanson Sheep Company against the Farmers & Traders’ State Bank. From a judgment for defendant and an order denying its motion for new trial, plaintiff appeals. The appropriation by defendant bank of the deposit of plaintiff corporation to the payment of the individual note of A. S. Hanson was a fraudulent appropriation.
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. Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by tbe Hanson Sheep Company against the Farmers & Traders’ State Bank. From a judgment for defendant and an order denying its motion for new trial, plaintiff appeals. The appropriation by defendant bank of the deposit of plaintiff corporation to the payment of the individual note of A. S. Hanson was a fraudulent appropriation. A deposit belongs to the person in whose name it is entered, and a bank is estopped to question a depositor’s right thereto. (Murphy v. Nett, 51 Mont. 82, L. R. A. 1915E, 797, 149 Pac. 713;…
1Opinion of the CourtChief Justice Brantly
The plaintiff, as a trading corporation whose office and principal place of business is at Billings, in Yellowstone county, through Albert S. Hanson, as its president, and from March 30, 1914, to April 7, inclusive, drew checks upon its deposit account in the defendant bank to the order of various persons to whom it was indebted, and delivered them in payment of amounts due thereon. On April 8 these several checks were presented for payment, but payment was refused and they were returned to the plaintiff. On April 11, with the apparent purpose of closing up the account with defendant and…
2Cases cited12 opinions
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Martin v. HeinzeMontana Supreme Court · 1904
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- Barnes v. SmithMontana Supreme Court · 1913
- Coombs v. BarkerMontana Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Wallace v. WallaceMontana Supreme Court · 1929
- Batchoff v. CraneyMontana Supreme Court · 1946
- First State Bank v. LangMontana Supreme Court · 1918
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
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