Coram v. Davis
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Joseph S. Coram and others against Andrew J. Davis, Jr., and Charles H. Palmer. From an adverse judgment, plaintiffs appeal. Statement oe Facts.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Joseph S. Coram and others against Andrew J. Davis, Jr., and Charles H. Palmer. From an adverse judgment, plaintiffs appeal. Statement oe Facts. The following statement of facts is taken from the brief of the appellants: The purpose of this action is to terminate a trust to the extent that the appellants are interested in the property affected thereby, and to have an accounting by the trustees of the profits received by them from the trust property. It is also sought to have the compensation of the trustees…
1Opinion of the CourtJustice Smith
We «hall take the appellants’ statement, stripped of the argument therein contained, as the basis of our decision. The situation depicted is a novel one, and counsel confess their inability to find in the books any substantial precedent for the same. *503Does the complaint state a cause of action against the trustees? After a careful study of the pleadings, we have arrived at the conclusion that it does not, and that the district court was correct in sustaining the demurrers thereto.
It appears that the trust has been partly executed, and that there remains in the hands of the trustees the sum of…
2Cases cited6 opinions
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Eakle v. IngramCalifornia Supreme Court · 1904
- Shade v. Bay Counties Power Co.California Supreme Court · 1907
- Tilton v. DavidsonSupreme Judicial Court of Maine · 1903
- Sturgeon v. StevensSupreme Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fleming v. CasadySupreme Court of Iowa · 1926
- Fleming v. CasadySupreme Court of Iowa · 1926